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PAK. INDUSTRIAL C&I CORPN. versus BAWANY INDUSTRIES LTD.


CPC Summary Procedure Civil Procedure Code Order XXXVII 305 and 309 Civil Procedure Code (v. 1908), A XXXVII, R 3 Request for company to be terminated due to failure to pay its debts. The High Court is pending such sums in which defendants were allowed to appear unconditionally and defend it. Any opinion expressed by the court regarding the responsibility of the respondents for the payment of the debt or the obligation to pay it, in certain circumstances of the case, will not be appropriate or appropriate action, in any case, the respondents ( The company) could not be used to pressurize the debt, which was seriously contested by the applicants by filing a summit petition eight years after filing a lawsuit for recovery. Abolishing the respondents (the company) resorting to compulsory action to compel the terms to come to an end and neither would it be fair to determine the outstanding loans against such a company and to make a definite decision on which to liquidate. K was unable to pay the same petition, held, it was not manageable under the circumstances

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