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    <title>1994 (8) TMI 205 - HIGH COURT OF KARNATAKA</title>
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    <description>Before admitting and advertising a winding-up petition against a going concern, the company court must conduct a summary pre-admission enquiry and record prima facie findings on debt, limitation, the bona fides of the defence, and commercial insolvency. The court distinguished going concerns from defunct companies, for which a more limited prima facie showing may suffice. It also stated that the pre-admission order must be sufficiently speaking to show what material was considered and why the prima facie view was reached, though it need not be as detailed as a final judgment. The exercise remains tentative and does not determine the merits finally.</description>
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    <pubDate>Wed, 17 Aug 1994 00:00:00 +0530</pubDate>
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      <title>1994 (8) TMI 205 - HIGH COURT OF KARNATAKA</title>
      <link>https://www.taxtmi.com/caselaws?id=102608</link>
      <description>Before admitting and advertising a winding-up petition against a going concern, the company court must conduct a summary pre-admission enquiry and record prima facie findings on debt, limitation, the bona fides of the defence, and commercial insolvency. The court distinguished going concerns from defunct companies, for which a more limited prima facie showing may suffice. It also stated that the pre-admission order must be sufficiently speaking to show what material was considered and why the prima facie view was reached, though it need not be as detailed as a final judgment. The exercise remains tentative and does not determine the merits finally.</description>
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      <pubDate>Wed, 17 Aug 1994 00:00:00 +0530</pubDate>
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