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2016 (7) TMI 1659 - HC - Companies LawService of notice - notice was returned with the endorsement ‘Unclaimed’ - winding up petition - HELD THAT:- Since ‘unclaimed’ is a good service inasmuch as having regard to the fact that there is no contemporaneous denial on the claim of the petitioner and the company has evaded the service of the notice, it can be presumed that the company has no defence to the claim of the petitioning creditor. Under such circumstances, the winding up petition is admitted for a sum of Rs.10.26 lakhs together with interest at the rate of 6% per annum on and from June, 2016. In the event, the company pays off the aforesaid sum in four equal monthly instalment commencing from 8th August, 2016 and payable by 8th day of each and every succeeding month, the company petition shall be remained permanently stayed.
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