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2010 Supreme(MP) 14

SHANTANU KEMKAR
SUNGRACE FINVEST PVT. LTD – Appellant
Versus
MAIKAAL FIBRES LTD – Respondent


Judgment

Shantanu Kemkar, J.

( 1. ) This order shall also govern disposal of Company Petition No. 12/2005 and Company Petition No. 15/2005.

( 2. ) This petition has been filed under Section 433 (e) of the Companies Act, 1956 (for short the Act) seeking winding up of the respondent Company.

( 3. ) In Company petition no.8/2005 averments have been made that the respondent Company is indebted to the petitioner Company for a sum of Rs.83,07,021/- which includes principal amount as on 31.03.2004 to the tune of Rs.68,80,085/- amount of tax deducted at source Rs.2,58,736/-, interest @ 20% from 01.04.2004 to 31.01.2005 to the tune of Rs.11,68,200/-. In Company Petition No. 12/2005 it has been averred that Rs.33,08,836/- is due to the petitioner Company from the respondent Company out of which towards principal amount due is Rs.27,48,125/- towards interest from 01.04.2005 to 15.02.2005 to the tune of Rs.66,349/- is due and towards further interest from 16.02.2005 till 30.07.2005 to the tune of Rs.1,94,362/- is due. In Company Petition No, 15/2005 the due amount to be recovered from the respondent Company by the petitioner Company is averred to be to the extent Rs.5,57,71,017/- with interest @



















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