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2023 Supreme(Del) 5945

PRATHIBA M. SINGH
Uma Sharma – Appellant
Versus
Octagon Builders & Promoters – Respondent


Advocates appeared:
Mr. Jai Bansal, Advocate, for the Petitioner.
Ms. Ruchi Sindhwani, Senior Standing Counsel with Ms. Megha Bharara, Advocate, for the OL.
Mr. Rajat Bhatia, Ms. Alka Nupur Singh, Mr. Karan Ahuja, Ms. Ekta Mudgil, Advocates, for Intervenor.

JUDGMENT

Prathiba M. Singh, J. (Oral) - This hearing has been done through hybrid mode.

2. The present petition has been filed under Section 433(e) and Section 439 of the Companies Act, 1956 seeking winding up of the Respondent Company. The company in liquidation is "M/s Octagon Builders & Promoters". The following nine petitions were filed before this Court against the company in liquidation seeking winding up on the ground that the amounts which they had paid had not been returned to them. The details of the petitions are:

S.No.Petition No.Title1CO.PET.154/2014RAJIV MATHUR v. OCTAGON BUILDERS & PROMOTERS2CO.PET.156/2014SUDHIR ANAND v. OCTAGON BUILDERS & PROMOTERS3CO.PET.157/2014MUKESH KUMAR v. OCTAGON BUILDERS & PROMOTERS4CO.PET.168/2014DEEPAK MITTAL v. OCTAGON BUILDERS & PROMOTERS & ANR.5CO.PET.169/2014C.P. SHARMA v. OCTAGON BUILDERS & PROMOTERS & ANR.6CO.PET. 170/2014AJAY KAPUR v. OCTAGON BUILDERS & PROMOTERS & ANR.7CO.PET. 212/2014MRS. SIKHA KAUSHAL v. OCTAGON BUILDERS & PROMOTERS8CO.PET. 290/2014ALANKAR PATHAK & ANR. v. OCTAGON BUILDERS & PROMOTERS & ANR.9CO.PET. 147/2014UMA SHARMA v. OCTAGON BUILDERS & PROMOTERS & ANR.

3. This Court had, vide order dated 27th August, 2018 appoin

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