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2015 (4) TMI 156 - HIGH COURT OF KARNATAKAWinding application under Section 433 and 434 of Companies Act - Interest amount not paid - Held that:- The debit note refers to a sum of ₹ 40,20,040/- as being the interest amount debited in respect of outstanding amount. In such circumstance, whether the amount as paid through the cheque dated 15.7.2012 has been received by the petitioner and has been accounted and when there is dispute with regard to fact as to whether the balance amount claimed as interest by the petitioner is due and payable, at this stage, this Court cannot come to the conclusion that the respondents are unable to pay their debts. Even assuming for a moment that any amount is due and payable by the respondents to the petitioner and even if the proceedings for dishonour of cheque has been initiated against the respondents, the same would have to be litigated in an appropriate forum. -Decided against the petitioner.
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