[Civil Appeal No. 2923 of 2006]. Appellant is a company against whom a winding up petition filed by the respondent under Sections 433, 434 and 439 of the Companies Act bearing Company Petition No. 112 of 2002 is pending in the High Court at Calcutta. The plea for winding up is based upon just and equitable grounds. In the facts of the case, after hearing the parties the Court ordered that the shares of the company be valued by an approved auditor so that company would settle the dispute by purchasing the three hundred shares held by the respondent in the company and bring the dispute to a quietus. The Valuation Report was submitted in January 2004. The appellant raised objections to the report to which reply was filed by the respondent. The learned Single Judge on 17.3.2004 directed the appellant company to purchase the shares of the respondent as per Valuation Report in respect of the rate of the shares. That order was partly modified on 29.3.2004 to provide that in case of default by the company, the respondents shall be at liberty to make publication in "The Statesman" and "Anand Bazar Patrika".
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