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Madhya Pradesh Iron & Steel Company vs G.B. Springs (P) Ltd. And Mohta Bright ... on 11 December, 2002

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.
Delhi High Court Cites 11 - Cited by 7 - V Sen - Full Document
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