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M/S.Iba Health (India) Private Ltd vs M/S.Info Drive Systems Sdn Bhd on 21 October, 2009

"23 The principles laid down in the abovementioned cases indicate that if the debt is bona fide disputed, there cannot be `neglect to pay' within the meaning of Section 433 (1)(a) of the Companies Act, 1956. If there is no neglect, the deeming provision does not come into play and the winding up on the ground that the company is unable to pay its debts is not substantiated and non-payment of the amount of such a bona fide disputed debt cannot be termed as "neglect to pay" so as to incur the liability under Section 433(e) read with Section 434 (1)(a) of the Companies Act, 1956."
Karnataka High Court Cites 2 - Cited by 139 - Full Document
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