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2015 (9) TMI 1710 - HC - Companies LawSeeking winding of the respondent-company - inability to pay the admitted debt - HELD THAT:- It is evident that now the stand is that the respondent-company is to recover a sum of ₹ 53,648/- from the petitioner-company, whereas in reply to the notice, the claim was to the tune of ₹ 11,07,297/-. It is further relevant to add here that in reply to the petition, the story that settlement between the parties had taken place in May, 2008 regarding rebate on the invoice value is merely an after thought just to defeat the petition, as no such plea was taken when reply to the statutory notice was given in September, 2008. The defence raised by the respondent-company is not reasonable as the debt cannot be said to be disputed, which has not been paid despite statutory notice and even pendency of the present petition in this court for a period of about six years. Hence, the petition deserves to be admitted - Adjourned to February 16, 2016.
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