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Winding up Petition can be maintained at behest of a creditor, whether secured or unsecured

Case Law Details

Case Name
Asian Power Controls Ltd. Vs Mrs. Bubbles Goyal (Bombay High Court)
Date of Judgement/Order
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HIGH COURT OF BOMBAY Asian Power Controls Ltd. Versus Mrs. Bubbles Goyal APPEAL (L) NO.383 OF 2012 APPEAL NO.591 OF 2012 Co. Petition No. 455 of 2010 FEBRUARY  18, 2013 JUDGMENT Dr. D.Y. Chandrachud, J. These Appeals arise from orders of the learned Company Judge initially admitting a Company Petition for winding up on 12 March, 2012 and allowing the Petition by an order dated 21 June, 2012. 2. The Respondent advanced a loan in the amount of Rs.50 lakhs to the Appellant by a cheque dated 5 August, 2008. A loan agreement was entered into between the company and the Respondent. A promissory no...
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