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    <title>1993 (3) TMI 289 - HIGH COURT OF BOMBAY</title>
    <link>https://www.taxtmi.com/caselaws?id=103203</link>
    <description>A company&#039;s asserted counter-claim for repairs was held insufficient to resist winding-up proceedings based on non-payment of rent. The court noted that the arrears were prima facie due and payable, the eviction proceedings had already ended against the company, and no contemporaneous correspondence or other material showed authority for the repairs or any prior arrangement to adjust them against rent. Although a valid counter-claim can, in principle, amount to a reasonable excuse for non-payment, that basis was not established on the facts. The company&#039;s defence was therefore treated as neither bona fide nor reasonable, and it was directed to deposit the claimed amount, failing which the petitions would be admitted for advertisement.</description>
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    <pubDate>Tue, 23 Mar 1993 00:00:00 +0530</pubDate>
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      <title>1993 (3) TMI 289 - HIGH COURT OF BOMBAY</title>
      <link>https://www.taxtmi.com/caselaws?id=103203</link>
      <description>A company&#039;s asserted counter-claim for repairs was held insufficient to resist winding-up proceedings based on non-payment of rent. The court noted that the arrears were prima facie due and payable, the eviction proceedings had already ended against the company, and no contemporaneous correspondence or other material showed authority for the repairs or any prior arrangement to adjust them against rent. Although a valid counter-claim can, in principle, amount to a reasonable excuse for non-payment, that basis was not established on the facts. The company&#039;s defence was therefore treated as neither bona fide nor reasonable, and it was directed to deposit the claimed amount, failing which the petitions would be admitted for advertisement.</description>
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      <pubDate>Tue, 23 Mar 1993 00:00:00 +0530</pubDate>
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