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    <title>2010 (12) TMI 1051 - HIGH COURT OF PUNJAB AND HARYANA</title>
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    <description>A company&#039;s objection to winding up failed because its own borrowings, balance sheets and prior rehabilitation proposal showed the debt was not genuinely disputed, and the admitted dues remained unpaid. The RBI one-time settlement framework was held inapplicable because it was meant for SME accounts below the stipulated threshold, which the company did not establish. A writ challenge to SARFAESI measures was also rejected because action had already been taken under section 13(4), leaving the statutory remedy before the Debts Recovery Tribunal as the proper course. The repeated proceedings were treated as lacking bona fides and as an abuse of process, and the winding-up petition was allowed.</description>
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    <pubDate>Thu, 16 Dec 2010 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=213371</link>
      <description>A company&#039;s objection to winding up failed because its own borrowings, balance sheets and prior rehabilitation proposal showed the debt was not genuinely disputed, and the admitted dues remained unpaid. The RBI one-time settlement framework was held inapplicable because it was meant for SME accounts below the stipulated threshold, which the company did not establish. A writ challenge to SARFAESI measures was also rejected because action had already been taken under section 13(4), leaving the statutory remedy before the Debts Recovery Tribunal as the proper course. The repeated proceedings were treated as lacking bona fides and as an abuse of process, and the winding-up petition was allowed.</description>
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