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2013 (8) TMI 794 - HC - Companies LawWinding up Petition - Inability to Pay Dues – Dishonour of Cheque - no payment being made and criminal proceedings had been initiated - The winding up petition was presented by the respondent against the appellant company claiming balance of price of goods sold and delivered by the respondent were remained unpaid – Held that:- The grounds appear to be substantial to pass the said order and the Court found that there was any bona fide dispute had been raised on the basis of the material placed before the Court – The company had failed to raise a bona fide dispute in the matter on the basis of the material placed before the Court - there was no ground to interfere with the order passed by the Hon’ble Single Judge. There was no illegality and/or irregularity in respect of the order so passed by His Lordship - there was no ground made out by the appellant to entertain - The defence which had been taken by the appellant cannot be tried to be a bona fide defence or can raise any issue to be decided - It appears that the plea taken by the appellant was without any materials and cannot be entertained at all - without materials/particulars it was difficult to come to such a conclusion with regard to fraud.
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