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2008 (5) TMI 400 - HIGH COURT OF CALCUTTAWinding up - Circumstances in which a company may be wound up - Held that:- This Court expresses no opinion on whether the documents submitted to the income-tax authorities were genuine or not. The issue of whether the documents were, in fact, genuine and whether Mr. Kumar had authority to sign the documents are issues which can only be tried in regular trial. The receipt of the bills have not been acknowledged. The question of whether any bills, as alleged, were actually raised and served on the company requires adjudication upon evidence. It cannot be held that the company has no defence at all to the claim of the petitioning creditor. The company has an arguable case. The Company Court is not a debt collecting court. In view of the defence raised by the company, the claim of the petitioning creditor is relegated to a suit. The winding up application is dismissed.
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