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2015 (3) TMI 241 - DELHI HIGH COURTWinding up application - Disputed questions of fact - Held that:- The proceedings of winding up are summary proceedings under Sections 433-434 of the Companies Act. The court in a petition seeking winding up of a company would not go into disputed questions of fact which may require the parties to lead evidence. There is a dispute whether the Petitioner is liable to pay any rental or pay rental till November 2012 or till November 2013 or for the 36 month lock in period. The position that emerges is that the security deposit and advance rental already paid do not cover the entire period upto November, 2013 and, as such, there is no admitted amount that can be held to be admittedly due as payable by the respondent to the Petitioner.Since the petition involves disputed questions of fact and the defence raised by the Respondent is not moonshine, the parties would have to have them settled before the appropriate civil forum.The petition seeking winding up of the respondent company is thus held not to maintainable. - Winding up petition dismissed.
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