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2010 Supreme(Guj) 93

S.R.BRAHMBHATT
NIRANJAN B SHAH - EX-MANAGING DIRECTOR OF ASIAN TRANSFORMERS – Appellant
Versus
SURESH STEEL CORPORATION – Respondent


Advocates Appeared:
MR. MIHIR THAKORE with MS. MEGHA JANI for Applicant.
MR. Y.H. MOTIRAMANI for Respondent: 1,
OFFICIAL LIQUIDATOR for Respondent: 2,
MR. J.S. YADAV for Respondent: 2,
MR. NAVIN K. PAHWA for Respondent: 3,
NOTICE SERVED BY D.S. for Respondent: 4,

JUDGMENT

S. R. BRAHMBHATT, J. The applicant, a former Managing Director of and a contributory to M/s. Asian Transformers Export Pvt. Ltd (herein after referred to as "the Company” for brevity) a company under liquidation, has filed this application for recalling the winding up order dated 22/11/1976 passed by this Court in Company Petition No. 34 of 1976 for winding up of the company and appointing the Official Liquidator (the “O.L.”) as Liquidator of the company to take charge of all the properties and assets of the company.

2. The applicant has, in the affidavit filed in support of the Judge's Summons, stated that he was Managing Director of M/s. Asian Transformers Export Pvt. Ltd (the Company in liquidation) against which Company Petition No.34 of 1976 came to be filed by M/s. Suresh Steel Corporation, a partnership firm, under the provisions of Companies Act for winding up, alleging that the Company had failed and neglected in paying Rs.77,054.72 to the petitioner. The Court vide it's order dated 16.08.1976 (Coram : D. A. Desai J as he then was) admitted and ordered issuing of advertisement. On 22.11.1976 the court ordered winding up of the Company and appointed Official Liquidat
















































































































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