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2009 (12) TMI 512 - HIGH COURT OF BOMBAYWhether the statutory notice attempted to be served on the respondent has been duly served in law, in view of the endorsement recorded on the envelope 'returned unclaimed'? Held that:- The respondents have failed to rebut the legal presumption of service even in respect of the statutory notice dated March 6, 1998, sent by speed post with acknowledgment due and registered post with acknowledgment due. the grievance of the respondents that the petitioners have not approached the court with clean hands or that the company petition should be dismissed at the threshold on account of suppression of facts is devoid of merits. That contention is founded on conjectures and surmises. On the other hand, the stand taken by the petitioners seems to be more plausible and probable. As a matter of fact, from the chain of circumstances it would appear that it is the respondents who have been successful in protracting the action of winding up thus far. On the finding that the statutory notice is deemed to have been served on the respondent-company and in spite of such notice, the respondent-company having failed to pay the amount demanded as per the said notice, the legal presumption that the respondent-company is unable to pay its debts is attracted. As a result, the court will have no option but to order winding up of the respondent-company on the ground that the company is unable to pay its debts within the meaning of section 434(e) of the Act.
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