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Madhusudan Gordhandas & Co vs Madhu Woollen Industries Pvt. Ltd on 29 October, 1971

22. Admittedly, the respondent Company had not chosen to terminate the contract. It had continued to avail the services. Therefore in my opinion, it cannot now turn around and say, there is a violation of the provisions of the Aircraft Act or the C.A.R. Rules made there under and therefore the liability ceased. I thus find that the respondent Company has miserably failed to satisfy the three pronged test suggested by the Hon’ble Supreme Court in Mathusudan Gordhandas & Co. v. Madhu Woollen Industries (P) Ltd., supra, and hence had rendered itself liable to be wound up for its inability to pay its debts under Section 433 (e) of the Companies Page No.40/45 https://www.mhc.tn.gov.in/judis Comp. Pet.No.363 of 2015 and C.A.Nos.887, 888 of 2015 and CA No.55 of 2020 Act 1956.
Supreme Court of India Cites 5 - Cited by 366 - A N Ray - Full Document
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