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2007 (9) TMI 414 - HIGH COURT OF BOMBAYWinding up - Circumstances in which company may be wound up - Held that:- Having once accepted and waived the notice, the requirement of rule 28 is not necessary. In this background the facts and averments made in the petition remain uncontroverted. Even assume for a moment some defence was raised at the time of the petition but at this stage of time, the respondent-company ought to have submitted their defence as well as admitted the present petition. The court has rejected all those defence. The order dated December 16, 2004, also remains intact. In this background, in the absence of specific positive steps or any additional affidavit or fresh affidavit, I am of the view that as the averments made remained uncontroverted including the fact and demand of ₹ 26,35,00,000. It appears that, ultimately the dispute as raised was not bona fide, the claim as such is also within the limitation.
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