Winding up petition

Saurabh Kumar Singh (Querist) 08 December 2012 This query is : Resolved
Dear Experts,

one of the company has given us Rs. 3 cr cheques and we have already initiated 138 proceedings now we as a company also want to file WINDING UP petition, for which notice is condition precident. Now i want ot know is it necessary to made reference about 138 proceedings in winding up notice and petition. please guide.

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ajay sethi (Expert) 08 December 2012
mention it no harm in disclosing said fact . also file summary suit against the company

Devajyoti Barman (Expert) 08 December 2012
Filing of case u/s 138 crpc is no bar for winding up case.

Raj Kumar Makkad (Expert) 08 December 2012
Without making reference, how shall you show your liability against the company under winding? so do mention it.

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