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Issues: Whether the company petition for winding up was liable to be admitted on the ground that the company had failed to pay its admitted debt and had not raised any bona fide dispute.
Analysis: The debt claimed by the petitioner remained uncontroverted. No affidavit in reply was filed despite repeated opportunities, and the company did not produce its accounts or any material to show a positive net worth or a genuine dispute as to liability. The court found that the denial of liability was a mere pretext and that the company had failed to show any bona fide defence to the winding up petition.
Conclusion: The petition was admitted and made returnable, with directions for advertisement.