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2002 (3) TMI 882 - HIGH COURT OF HIMACHAL PRADESHExtract: .......a duly constituted suit. 12. The defences raised by the respondent-company on the face of it, appear to be bona fide and such defences, prima facie, are likely to succeed. Therefore, it is not a fit case for the exercise of powers of winding up under section 433 of the Act. 13. Resultantly, the present petition fails and is, accordingly, dismissed.
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