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Judgment
Ajay Rastogi, J.—Company petition has been filed u/s 433 & 434 of the Companies Act,1956 for winding up of the company since it is unable to clear its debts.
No-one is appearing on behalf of Petitioner for last so many occasions as is evident from the order-sheets dt.12.08.2010, 23.09.2010, 28.10.2010 & 02.12.2010.
The Respondent has filed its own affidavit along with documents-Annx.R/1 & R/2 on record to show that letter was sent to the Petitioner that the winding up petition was filed for non-payment of listing fee and company is not operating since 1998 and entire assets of the company have been acquired by the bank/financial institutions and entire capital of the company has also been wiped off still it may be informed to the Petitioner regarding dues and the Respondent company is ready to pay provided Petitioner agrees to delist Respondent company.
Counsel for Respondent further submits that despite two reminders being sent Respondent has not been informed about the charges which are still payable.
No-one is appearing on behalf of the Petitioner from last so many occasions as referred to supra.
Consequently, the company petition stands dismissed for non-prosecution.