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2015 (6) TMI 331 - HC - Companies LawDefault in payment of bills - Maintainability of Winding up application - Three different lines of defence taken by company - Held that:- We thus conclude, the petition by a creditor would be maintainable on both counts. Once the creditor established his right to claim the amount more than ₹ 500/- the onus would shift on the company to rebut such claim by raising bona fide dispute. Once the bona fide dispute is raised it would weaken the chance to have admission of the winding up petition, otherwise admission is an obvious consequence. In our view, the learned Judge was right in not going into the merits of the matter at the post admission stage. We have discussed the law on the subject as the same was raised by Mr. Sen. The facts would however, not in any way change the situation even if we hold otherwise.It is settled proposition of law; a claim, if bona fide disputed, would successfully resist a winding up proceeding. Three different lines of defence indicated above, would run contrary to each other, they would however, draw a common interference, those were cooked up only to stall the process of winding up. - Decided against the appellant.
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