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    <title>2012 (11) TMI 36 - CALCUTTA, HIGH COURT</title>
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    <description>A winding up petition remained maintainable despite remedies under SARFAESI, because the two statutes operate in different fields and section 37 makes SARFAESI additional to other laws. The company&#039;s correspondence admitted liability and proposed repayment, so no bona fide dispute was shown to defeat admission of the petition. The Company Court was also within its discretion under the Companies Act, 1956 to order payment as a condition for stalling advertisement and further winding up steps, since the direction was used to test the company&#039;s sincerity rather than as debt recovery.</description>
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    <pubDate>Tue, 16 Oct 2012 00:00:00 +0530</pubDate>
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      <title>2012 (11) TMI 36 - CALCUTTA, HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=218021</link>
      <description>A winding up petition remained maintainable despite remedies under SARFAESI, because the two statutes operate in different fields and section 37 makes SARFAESI additional to other laws. The company&#039;s correspondence admitted liability and proposed repayment, so no bona fide dispute was shown to defeat admission of the petition. The Company Court was also within its discretion under the Companies Act, 1956 to order payment as a condition for stalling advertisement and further winding up steps, since the direction was used to test the company&#039;s sincerity rather than as debt recovery.</description>
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      <pubDate>Tue, 16 Oct 2012 00:00:00 +0530</pubDate>
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