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2014 (9) TMI 1117 - BOMBAY HIGH COURTWinding up petition - Held that:- The dispute raised in the affidavit-in-reply to the effect that the respondent was not responsible for all the recoveries from the foreign buyers is clearly an after-thought. It was never raised in the course of the correspondence. The learned Judge has merely referred to the respondent's contention that the post dated cheques ought not to have been presented for recovery of part-payment of ₹ 3 crores. No reasons have been furnished as to why the learned Judge found that this defence cannot be dismissed out of hand. Considering the facts that we have referred to there is no defence even to these cheques. In the result, though the pleading about the manner in which the funding took place can be said to be inaccurate, it ought not to result in the appellant's just and admitted claim being defeated. In the circumstances, there is no defence to the appellant's claim. The impugned judgment and order is set aside. The appeal is allowed. The petition is admitted and shall be advertised in Free Press Journal, Maharashtra Times and Maharashtra Government Gazette. The petitioner to deposit an amount of ₹ 10,000/- with the Prothonotary and Senior Master of this Court by 15th November, 2014.
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