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2013 Supreme(Mad) 1795

M.JAICHANDREN, M.M.SUNDRESH
Michael Hart – Appellant
Versus
M/s. Ninestars Information Technologies Ltd. Chennai – Respondent


Advocates Appeared:
For the Appellant:Ms. Jayna Kothari, B.N. Suchindran, Advocates.
For the Respondent:P. Govindarajan, Advocate.

JUDGMENT

M. Jaichandren, J.

1. This Original Side Appeal has been filed against the order and decreetal order, dated 29.6.2012, made in C.P.No.2 of 2009, on the file of this Court.

2. The company petition, in C.P.No.2 of 2009, had been filed by the petitioner therein, the appellant in the present original side appeal, under Section 433(e) and (f) of the Companies Act, 1956, praying for an order directing the winding up of the respondent company and for an order appointing the liquidator attached to this court, as the liquidator of the respondent company, with all the necessary powers under the provisions of the Companies Act, 1956, including the power to take possession of all affairs, assets, management, books, papers and vouchers and to award costs.

3. It had been stated that the respondent company is an information technology company involved in the field of archiving and data conversion from analog to digital mode. The respondent company has its registered office at Chennai and it also has a corporate office in Bangalore. The respondent company has international presence in the United States of America, Singapore and Australia.

4. It had been further stated that, in the year, 20























































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