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2018 (9) TMI 522 - HC - Companies LawWinding up petition - existence of bonafide dispute - Held that:- There is no bonafide defence raised by the respondent. The cheque issued for ₹ 4,56,122/- dated 27.10.2010, the acknowledgment dated 14.01.2012 by Mr.Narender read with the fact that when the legal notice was sent, there was no response by the respondent show that there is no defence or bonafide defence available to the respondent. Co-jointly all these facts lead to the conclusion that the said sum is due and payable. The faint and vague plea of denial by the respondent are make belief. The settled legal position is that the debts due should be payable by the respondent company. It is only where the respondent company raises a bonafide dispute then no winding up petition would lie. The respondent company has failed to show any bonafide 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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