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HIGH COURT OF DELHI
Date of Decision: 11.10.2018
NEW DELHI HOUSE FLAT OWNERS ASSOCIATION (REGD.) ..... Petitioner
Through Ms.Sunita Bhardwaj, Adv. for the petitioner.
Mr.Ashok Nagrath, Adv.for the petitioner (both counsel dispute the authority of each other)
Through Mr.Aaditya Vijaykumar and Ms.Radhika Khanna, Advs.
JUDGMENT
1. This petition is filed under section 433(e) and 434 of the Companies Act, 1956 for winding up of the respondent company. It is stated that the petitioner is an Association being registered under the Societies Registration Act, 1860 and is responsible for renovation of the building New Delhi House which was constructed in 1974. It is further stated that the respondent company is indebted to the petitioner for a sum of Rs.1,02,515/- The petitioner raised invoice/bills bearing No.67 of 2016 for external renovation of the building New Delhi House. As the respondent company failed to pay the said amount a statutory notice was issued on 12.04.2016. Hence, present winding up petition. 2018:DHC:6697 CO.PET. 733/2016
2. In a connected matter having identical facts and issues I have today in Co. Pet. 732/2016 dismissed the petition. For the same reasons and on the same grounds I dismiss this present petition also.
3. Accordingly, the present petition is dismissed. All pending applications, if any, also stand disposed off.
JUDGE OCTOBER 11, 2018 corrected and released on 01.11.2018