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1998 Supreme(Del) 406

M.K.SHARMA
RISHI PAL GUPTA – Appellant
Versus
S. J. KNITTING AND FINISHING MILLS PRIVATE LIMITED – Respondent


Advocates Appeared:
HARISH UPPAL, RAJESH BENATI

Dr. M. K. Sharma, J.

( 1 ). By this order I propose to dispose of the applications filed by the respondent praying for recalling and/or review of the order dated 10. 4. 1997 and 2. 12. 1997 passed by this court in the connected Company Petition, the application filed by the respondent under Section 5 of the Limitation Act praying for condonation of delay in filing the aforesaid application praying for recalling and reviewing of the orders and also the application filed by the respondent praying for stay of the aforesaid orders passed by this court.

( 2 ). The petitioner filed a petition in this court under section 433 read with section 434 of the Companies Act praying for winding up of the respondent company for their inability to pay the dues of the petitioner amounting to Rs. 6,89,870. 76. It was stated in the petition that the aforesaid liability of the respondent company as due to the petitioner was admitted and that inspite of the aforesaid admission no payment was made which clearly established that the respondent company was unable to pay its debt.

( 3 ). Notice was issued on the aforesaid petition and the matter was listed before this court for admission of the company peti














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