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2018 (9) TMI 1455 - HC - Companies LawWinding up petition - inability to pay debts - company has not paid the professional fee of the appellant, the charges for use of the navigation machine and other dues inspite of statutory notice - Held that:- The Company Court can refuse a petition for winding up of the Company when the claim of the appellant is bonafide disputed by the Company and that the principles on which the court acts are; first that the defence of the Company is in good faith and one of the substance, secondly the defence is likely to succeed in point of law and thirdly the company adduces prima facie proof of the facts on which the defence depends. In the present case, the account/ledger has been disputed by the respondent – company. The stand of the respondent – company is that no such amount is due and claim is false. In absence of any material the learned Company Judge has rightly held that there is no document admitting the liability on record. On due consideration of the reasoning assigned we are of the view that the learned Company Judge has considered all the grounds which has been advanced by the learned counsel for the parties and came to the conclusion that the liability has been disputed by the respondent – company and, therefore, it is not proper to invoke the provisions of Section 433 (e) and (f) of the Act. We are completely agreed with the view taken by the learned Company Judge. No case to interfere with the well-reasoned order passed by the learned Company Judge, as prayed is made out
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