6. I shall first deal with the consequences of the
Respondent's failure to send a Reply to the Statutory
Notice. A perusal of the precedents on this point do not
indicate that such failure inexorably leads to the
conclusion that Winding-up orders must unvariably be
passed. From my understanding of the judgments of my
Learned Sister Hon'ble Ms. Usha Mehra in Mayar Traders
Ltd. Vs. Akhil Services Ltd., 52 (1993) Delhi Law Times
577 and G.K.W. Ltd. Vs. Shriram Bearings Ltd., , she had taken the failure to reply to the notice
as an important factor in determining whether a bona fide
defense had been put forward. In the circumstances of both
the cases, she preferred to view the defense as an
afterthought and as being bereft of bona fide.
26. We agree with the reasoning and conclusions given by the learned Single Judge placing reliance on the judgments of this Court and other High Courts, namely, (i) GKW Ltd. v. Shriram Bearings Ltd. ; (ii) Mayar Traders Ltd. v Akhil Services Ltd. reported at 52 (1993) DLT 577; (iii) Rishi Pal Gupta v. M/s S.L. Knitline and Finishing Mills Pvt. Ltd. ; (iv) Westinghouse Sanby Farmer Ltd. reported at 1982 (52) Comp. Cas. 479; (v) United Western Bank Ltd. reported at 1978 (48) Comp. Cas.
In
Court, he then takes the position that such a denial by the respondent
constitutes a bald denial on the basis of one line in a decision of a Single
Judge by this Court in the case of Mayar Traders (supra), and invites
this Court to conclude that such a bald denial is no denial and that it,
therefore, follows that the amount claimed by the petitioner in his notice
of demand stands admitted, and the respondent is precluded from saying
anything to the contrary in his reply to the winding up petition filed later
on disclosing the relevant particulars for the first time.