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2022 Supreme(Guj) 225

BHARGAV D.KARIA
Kamlesh Trading Company – Appellant
Versus
Kiran Processors Private Limited – Respondent


Advocates Appeared:
For the Appellant : Tirth Nayak for Sanjay Gupta.
For the Respondents: Ripal P. Patel.

JUDGMENT :

Bhargav D. Karia, J.

1. Heard learned advocate Mr. Tirth Nayak for learned advocate Mr. Sanjay Gupta for the petitioner.

2. Registry has wrongly shown the name of learned advocate Mr. Vishwas K. Shah for the petitioner-Kamlesh Trading Company which is a creditor of the respondent company, sought to be wound up by Company Petition No. 204/2009.

3. This petition is filed for winding up of the respondent-Company as it has failed to pay the debt of the petitioner under sections 433, 434 and 439 of the Companies Act, 1956.

4. This Court (Coram; Hon'ble Mr. Justice Jayant Patel, As His Lordship was then) issued notice on 6th October, 2009. Thereafter, this Court (Coram; Hon'ble Mr. Justice K.M. Thaker, As His Lordship was then) admitted the matter vide order dated 11th July, 2011, however, advertisement of the petition was deferred. The Court further directed that the respondent shall not alienate the property of the company in any manner whatsoever.

5. Respondent-Kiran Processors Private Limited preferred Company Application No. 67/2016 inter-alia praying to vacate the interim relief granted in Company Petition No. 204/2009, which is pending adjudication before this Court.

6. It app

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