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2018 (9) TMI 1391 - HC - Companies LawWinding up petition - non performance of obligation - Held that:- None of the said e-mails dated March 21, 2012 or April 25, 2012 can be construed to contain any admission by the company to pay the amount claimed by the petitioner in this application. Considering all these facts, we find it difficult to conclude that the petitioner had performed its obligation under the said agreement dated October 6, 2009 within time or that the defence put up by the company in its letter dated May 12, 2014 lacks bonafide. Though , in the application the petitioner has denied to have received the notice dated February 17, 2011 but in the facts of the present case, as discussed above all the issues, including the one with regard to receipt of the said notice has to be decided after considering the evidence of the parties by the competent civil Court in a suit. As noted that on an earlier occasion by an order dated October 30, 2015 of the learned Single Judge of this Court, the present winding application was dismissed. The petitioner carried the said order dated October 30, 2014 in appeal being APO which was allowed by the Division Bench by the order dated January 5, 2015. As considered the earlier order dated October 30, 2014 as well as the order dated January 5, 2015 passed by Division Bench of this Court. However, none of the said orders records the findings, which I have arrived in the present case. For the reasons as aforesaid, although the company remain unrepresented, find no merit in the present application.
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