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2011 (9) TMI 763 - CALCUTTA HIGH COURTWinding up petitions - the appellants did not produce in their respective petitions disclosing the reasons for filing these winding up petitions - The fund-flow statement clearly evidences that transaction was concurrent and substantial as identical amounts have been transacted over short periods - It is difficult for this court to scrutinize in great detail in a summary proceedings for it needs witness action as fraud and forgery has been allege - the petitioning-creditors/appellants have been able to establish their prima facie case for maintaining winding up petition as we find payment of loan amount is admitted more or less, the factum of repayment has to be established with concrete document - Held that: disputes raised by his client are of such nature it cannot be decided in a winding up petition, defence is not as such clear and strong because of lack of document of repayment to other companies as alleged by his client by producing the bank statement, unconditional order of staying winding up petition permanently can be supported - responded directed to deposit security in order to secure stay against winding petition as granted by the trial court.
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