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OJA/100/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
O.J.APPEAL
No. 100 of 2009
In
COMPANY
PETITION No. 121 of 2009
=========================================================
MANAN
VINODBHAI SHAH - Appellant(s)
Versus
GANADHYAKSHA
HOSPITALITIES LTD - Opponent(s)
=========================================================
Appearance
:
VIRAL
K SHAH for
Appellant(s) : 1,
None for Opponent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE BHAGWATI PRASAD
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 08/04/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE BHAGWATI PRASAD)
Heard
learned counsel for the appellant. The learned Company Judge has
found that no case for countenancing the prayer of the appellant for
winding up the company is made out. The learned Company Judge has
further observed that the company appears to have not paid the money
due to the appellant against FDR’s and it is further observed that
the limitation to file suit have gone. Having gone through the
matter, we are of the opinion that such observations were not
required to be made by the learned Company Judge. Thus, the
observations made by the learned Company Judge in regard to
limitation to file suit will not come in way of the appellant for
being used for institution of any any other proceeding. The aforesaid
appeal is
dismissed accordingly.
(BHAGWATI
PRASAD, J.)
(J.C.UPADHYAYA,
J.)
(binoy)
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