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2016 (5) TMI 1454 - HC - Companies LawWinding up petition - company does not even exist at its registered office which appears in the records of the Registrar of Companies, West Bengal - deemed service of statutory notice - non-maintenance of the registered office - Held that:- This winding up application has been taken out by the petitioning creditor on the basis of a statutory notice dated 27th October, 2015, which was caused to be served upon the company at its registered address but was returned by the postal authorities after all attempts to render effective service failed. As such, in the facts and circumstances of the instant case, the company shall be deemed to have been duly served with the statutory notice dated 27th October, 2015. Since there is a clear presumption of acknowledgement of debt by the company and its inability to pay off the debt, petition is admitted for a principal sum of ₹ 8,47,93,759/- – as claimed in the statutory notice dated 27th October, 2015 – together with interest thereon at the rate of 6% per annum to be calculated from the date of the statutory notice till actual payment. If the company pays off the entire amount, including interest, within a period of four weeks from date, the instant petition will remain permanently stayed. In default, the winding up petition will automatically stand revived
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