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1997 Supreme(Online)(All) 7

ALLAHABAD HIGH COURT
A., J
Appellant Company – Appellant
Versus
Punjab National Bank – Respondent


Advocates:
For the Appellants/Petitioners: Shri Janardan Sahai
For the Respondents: Shri K. L. Grover

Table of Content
1. preliminary facts regarding the appeal context and jurisdiction. (Para 1 , 2)
2. arguments presented regarding the legality of jurisdictional notifications. (Para 3 , 4)
3. judicial observations on jurisdiction under the amalgamation order. (Para 5 , 12)
4. conclusion on the merit of the appeal and jurisdiction. (Para 14)

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 S.433, S.434 and S.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


























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