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D. P. MOHAPATRA, R. R. K. TRIVEDI
SUMAC INTERNATIONAL LTD. – Appellant
Versus
PNB CAPITAL SERVICES LTD. – Respondent
( 1 ) AGGRIEVED by the order dated 6-12-1996, passed by learned single Judge, in Company Petition No, 16 of 1996, the respondent therein has filed this appeal. By the impugned order objection of the appellant questioning the maintainability of the Company petition in this Court at Allahabad has been overruled.
( 2 ) THE facts, in short, giving rise to this appeal are that respondent Punjab National Bank filed a petition on 2-7-1996 for winding up of appellant Company under Sections 433, 434 and 439 of the Companies Act, 1956. The winding up of the Company has been sought on the ground that it is unable to pay its debts and, therefore, it should be wound up by order of this Court. On 3-7-1996 this Court issued notice to the appellant Company to show cause why the petition may not be admitted and advertised- In response to this notice, the appellant Company appeared and filed objection questioning the maintainability of the Company Petition and prayed for dismissal of the same. After exchange of affidavit, the objection raised by the appellant was rejected on 6-12l996. Against the aforesaid order the present appeal was filed by the appellant on 28-3-1997.
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