Anjani Kumar Mishra, J. - (1.) Heard Shri Ravi Kant, Senior Advocate assisted by Shri Tarun Agarwal for the applicant, M/s Vidaini Engineers Ltd. as also the Official Liquidator. The said Company was ordered to be wound up vide order dated 12.01.2006.
(2.) Two recall applications, being Application No.79551 of 2006 (Paper No.A-9 ) and Application No.156922 of 2007 (Paper No.A-12) filed to recall the winding up order passed in Company Petition No.125 of 1998, M/s Fortis Financial Services Ltd. Vs. M/s Vidaini Engineers Ltd. are up for consideration.
(3.) The submission of Shri Ravi Kant, Senior Advocate is that the winding up petition was filed by M/s Fortis Financial Services Ltd. The main question for consideration was whether the alleged dues of the applicant, M/s Fortis Financial Services Ltd. were legally recoverable. The winding-up order has been passed upon a statement of the brief holder of Counsel appearing for M/s Vidaini Engineers Ltd. that he did not propose to file any counter affidavit to the winding up petition. This statement was made and recorded on some misunderstanding. As many as 9 winding up petitions had been filed against M/s Vidaini Engineers Ltd. All such winding up petitions were dismissed.;