Company petiton
Dharmish Bhupen Shah
(Querist) 06 July 2012
This query is : Resolved
Dear Sir,
My Name is Dharmish Shah. I have a query related to Company Petition for winding up.
In 1997, I filed a CP. The first conditional order came in 2007 but the respondent didnt comply with it. The final order came in 2008. But due to Rule 28, the Petition was again called for fresh hearing and in 2010 again it was in my favor. However in an Appeal. division bench set aside the order and asked me to file Summary suit. In SS we claimed interest only from date of filing the suit. The SJ were decreed in our favor. But still respondent has not paid. Now again I am filing CP.
Can I Claim Interest from 1997??
Also during the pendency of previous petiton, respondent sold an asset to 3rd party.. Can i still hold him responsible?
Please reply.
Thanking you in anticipation
Regards,
sanjeev murthy desai
(Expert) 06 July 2012
why did u claimed interest in the ss from the date of filing suit. Subsequently you can claim unless there is no specific order in this regard.
And also seek a order for set aside the sale in favour of third party.
