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2006 Supreme(Raj) 1883

SHIV KUMAR SHARMA
In the Matter of TCI Infrastructure Finance Ltd. – Appellant
Versus
. – Respondent


Advocates Appeared:
Mr. Paras Kuhad and Mr. Sandeep Taneja, for the Applicants.

Judgment

Shiv Kumar Sharma, J.-The present applicant company has taken out this Judge’s summons under Rule 71 of the Companies (Court) Rules, 1959 praying for an order under Sub-section (6) of Section 391 of the Companies Act, for stay of continuation of proceedings pending in Debt Recovery Tribunal and various Courts of Metropolitan Magistrate New Delhi.

2. Mr. K.D. Garg, the Executive Director of the applicant company in the additional affidavit stated that HUDCO a secured creditor of the applicant company has initiated following proceedings against the applicant company :-

(a) OriginalApplication No. 64 of 2004 pending before Debt Recovery Tribunal (1) Delhi, titled as

HUDCO vs. TCI Finance Infrastructures Ltd. & Ors.

(b) Complaint under Section 138 of Negotiable Instruments Act pending before Ms. Geetanjali Goyal, Metropolitan Magistrate, Patiala House Court New Delhi (CC No. 1028/203, R.No. 30).

(c) Complaint under Section 138 of Negotiable Instruments Act pending before Sh. Gauttam Manan, Metropolitan Magistrate, Patiala House Court New Delhi (CC No. 1917/1, R.No. 5).

(d) Complaint under Section 138 of Negotiable Instruments Act pending before Sh. Pritam Singh, Metropolitan Ma









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