Advocates:
['m/s narmadha sampath', '', 'A SARAVANAN', 'N GNANESHKUMAR']

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.07.2012

CORAM

The Honourable Mr. Justice P.JYOTHIMANI

and

The Honourable Mr. Justice M.DURAISWAMY

O.S.A.No.238 of 2012

M/s.Sri Krishna Constructions

rep. by its partner

C.Vamsi Krishna

..

Appellant/Petitioner

vs.

M/s.Tiffin's Barytes, Asbestos

and Pains Ltd., Chennai.

..

Respondent/Respondent

PRAYER: Appeal filed under Order XXXVI, Rule 11 of O.S. Rules, r/w.

Clause 15 of the Letters Patent against the judgment and order

dated 30.3.2012 made in C.A.No.1911 of 2010 in C.P.No.326 of 2010.

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For appellant :Mr.A.L.Somayaji,

Senior Counsel for

M/s.Narmadha Sampath

A.Saravanan and N. Gnaneshkumar

For respondent:Mr.G.R.Swaminathan for

Mr.R.Thiagarajan

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J U D G M E N T

[Judgment of the Court was made by P.JYOTHIMANI, J.]

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 4