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2012 Supreme(Mad) 2719

P.JYOTHIMANI, M.DURAISWAMY
Sri Krishna Constructions rep – Appellant
Versus
Tiffin's Barytes – Respondent


Advocates Appeared:
For the Appellant:A.L. Somayaji, SC. for Narmadha Sampath, Advocate.
For the Respondent:G.R. Swaminathan for R. Thiagarajan, Advocates.

Judgment :-

P. JYOTHIMANI, J.

1. Heard Mr.A.L.Somayaji, learned Senior Counsel for the appellant and Mr.G.R.Swaminathan, learned counsel, who has taken notice on behalf of the respondent.

2. The original Company Petition has been filed by the appellant against the respondent Company for winding up on the ground of inability to pay its debts, under Section 433[e] r/w. Section 494[1][a] and 439[1][b] of the Companies Act, 1956. Pending the said Company Petition, the appellant filed Company Application No.1911 of 2010, seeking an order of injunction in respect of 'a' to 'e' schedule of immovable properties, from creating any third party interest and also not to make any sale of the movable properties, including minerals lying at the stockyard of the mines of the Company in Karnataka and Andhra Pradesh.

3. Originally, by order dated 20.12.2010, an order of injunction was granted in respect of all items of schedule 'a' to 'f' mentioned properties, and thereafter, by an order dated 7.1.2011, on an application filed by the respondent herein in C.A.No.23 of 2011 to vacate the said order of injunction, the injunction order was restricted only in respect of the other items, except schedule '













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