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2015 (3) TMI 1162 - HC - Companies LawWinding up petition - Claim for balance outstanding - on account of supply and on account of Sale Tax due to non-submission of ‘C’ Form - Appellant supplied goods and received part payment - Held that:- whether the claim is just and without any defence, is examined by the Company Judge applying the principles that the Court would adopt in an action under Order XXXVII of the Code or Chapter XIII A of the Rules of this Court in its Original Side. Applying such principles of law, the Court may not admit the winding up petition, once it is satisfied, the claim is bona fide disputed, when the Court is not sure as to the chance of success of the defence, it would often direct the company to show their bona fide by depositing the claim amount or any part thereof. Here, the respondent miserably failed either to show, they had a plausible defence or show, they were otherwise solvent also there is not any defence to the claim found. The respondent is not prepared to deposit the entire principal claim, so, the winding up petition is liable to be admitted. - Appeal disposed of
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