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Winding up

(Querist) 19 June 2012 This query is : Resolved 
Dear Expert,

Our company "A" has rented a shop in a mall (at Indore, M.P.) on leave and license basis to a Restaurant chain (owned by a company "B"). "B" has not paid License fees and Service Tax (Rs. 4,63,639/-) as agreed in Leave and License Deed. "A" has furnished statutory notice under section 434 of Companies Act on 27/4/12 via Regd. Post.
My Question is:
A. Is "A" entitled to file Winding up petition based on above facts.
B. Any court fee is to be paid by "A" if it wishes to file a Winding Up petition.
C. What is further course of action (Steps) to file Winding Up.
D. Any alternate remedy to recover these dues.("A" wants to avoid Court Fees)
Parveen Kr. Aggarwal (Expert) 19 June 2012
A. Yes.
B. Yes.
C. To file a petition under sections 434 of the Companies Act after expiry of the statutory period.
D. Yes. To file a suit for recovery but that will require payment of court fee.
Suhail A.Siddiqui (Expert) 19 June 2012
Contact local lawyer since it is matter pertain to High Court of appropriate jurisdiction
sahil gupta (Querist) 20 June 2012
Thanks for your reply.. can anyone provide me the calculation of applicable court fees.. in madhya pradesh
Anirudh (Expert) 20 June 2012
If for a work, if everything has to be done by others, WHAT WILL YOU DO? RATHER what is your Role in the whole matter?
Jai Karan Nagwan (Expert) 21 June 2012
Your civil proceeding under 433&434 is not action. Other party will object based on arbitration clause.
Jai Karan Nagwan (Expert) 21 June 2012
Means to say not right action.
sahil gupta (Querist) 21 June 2012
Dear Mr. Jai Karan Nagwan,

Pls suggest right course of action


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