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2018 (5) TMI 575 - HC - Companies LawWinding up proceeding - Outstanding eligible debts - Held that:- The admission that the goods were supplied, the tendering of the post dated cheques and the balance confirmation persuade me to come to a conclusion that the defence sought to be raised by the respondent is a sham and moonshine. The respondent are unable to pay their debts. The settled legal position is that the debts claimed should be payable by the respondent company. It is only where the respondent company raises a bona fide dispute then no winding up petition would lie. Thus in the facts of the above case the respondent company has failed to show any bona fide dispute. Accordingly admit the present petition. The Official Liquidator attached to this court is appointed as the Provisional Liquidator. He is directed to take over all the assets, books of accounts and records of the respondent-company forthwith. The citations be published in the Delhi editions of the newspapers “Statesman” (English) and “Veer Arjun” (Hindi), as well as in the Delhi Gazette, at least 14 days prior to the next date of hearing
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