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2018 (1) TMI 1725 - HC - Companies LawWinding up of company - Service of SCN - HELD THAT:- The company has neither filed any affidavit in reply opposing the petition nor anyone entered appearance. The averments in the petition are, therefore, not controverted. The company has also not responded to the statutory notice. It is settled law that where no response to a statutory notice has been made, the court may pass a winding up order on the basis that amount claimed has not been denied by the company and there is a presumption of inability to pay by the company. Where no response has been made to the statutory notice, the respondent company runs a risk of winding up petition being allowed. By virtue of Section 434 of the Companies Act 1956 a presumption of the indebtedness can be legitimately drawn by the court where no reply to the statutory notice is forthcoming. This Court while admitting the petition, in its order dated 25th April, 2017 has expressed a view that the company is unable to pay its debts and is commercially insolvent. It id ordered that the respondent company, namely M/s. Dharmraj Aluminum Industries Pvt. Ltd., having its registered office at B/2, Devprayag, Bhaktimandir Marg, Opp. Thanawala Automobiles, Thane – 400 602, Maharashtra, be wound up by and under the orders, direction and supervision of this Hon'ble Court. Petition disposed off.
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