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Palmview Overseas Ltd vs Ravi Arya And Ors on 2 May, 2023

Bombay High Court Cites 45 - Cited by 1 - K R Shriram - Full Document

Palmview Investments Overseas Limited ... vs Sushma Arya on 2 May, 2023

Bombay High Court Cites 45 - Cited by 0 - K R Shriram - Full Document

Palmview Overseas Ltd vs Ravi Arya on 2 May, 2023

Bombay High Court Cites 45 - Cited by 0 - K R Shriram - Full Document

Baader vs Parsoli on 18 June, 2012

15.15.The Apex Court has, in the above mentioned decision in the case of IBA Health (I) Pvt. Ltd. (supra) observed that, "if a debt is undisputedly owing, then it has to be paid. If the company refuses to pay on no genuine and substantial ground it should not be able to avoid the statutory demand. The law should be allowed to proceed and if demand is not met and an application for liquidation is filed under Section 439 in reliance under the presumption under Section 434(1)(a) that the company is unable to pay its debt, the law should take its own course and the company of course will have an opportunity on liquidation application to rebut the presumption."
Gujarat High Court Cites 14 - Cited by 0 - K M Thaker - Full Document

Uco vs Electrotherm

18. So far as the respondent's contention that the petition is filed without authority and the resolution is not placed on record and the power of attorney authorizing the deponent is also not placed on record and therefore the petition is defective, it would be appropriate to refer at this stage the decision of the Hon'ble Division Bench of this Court in case between Welding Rods Private Limited vs. Indo Borax and Chemicals Limited [2002 (108) CC 747] wherein the Hon'ble Division Bench has observed that:-
Gujarat High Court Cites 13 - Cited by 0 - K M Thaker - Full Document

Baader vs Parsoli on 10 January, 2008

15.15.The Apex Court has, in the above mentioned decision in the case of IBA Health (I) Pvt. Ltd. (supra) observed that, "if a debt is undisputedly owing, then it has to be paid. If the company refuses to pay on no genuine and substantial ground it should not be able to avoid the statutory demand. The law should be allowed to proceed and if demand is not met and an application for liquidation is filed under Section 439 in reliance under the presumption under Section 434(1)(a) that the company is unable to pay its debt, the law should take its own course and the company of course will have an opportunity on liquidation application to rebut the presumption."
Gujarat High Court Cites 14 - Cited by 0 - K M Thaker - Full Document

Assam Company India Ltd vs The Bank Of New York Mellon, London ... on 16 June, 2014

28. Similar is the view of the Gujarat High Court in Manu/GJ/0399/2001 (Welding Rods (P) Ltd. Vs. Indo Borax & Chemicals Ltd.). Holding that defect in the form of verification or affidavit is only a technical irregularity and that an opportunity should be given to the concerned party to cure such defect, the Gujarat High Court ruled that in such cases, the inherent power of the Court as recognized by Rule 9 can certainly be invoked.
Gauhati High Court Cites 25 - Cited by 3 - U Bhuyan - Full Document
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