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    <title>2013 (2) TMI 196 - CALCUTTA HIGH COURT</title>
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    <description>A winding up petition based on deemed inability to pay debts failed because the statutory notice requirement was mandatory and had to be strictly satisfied before the legal fiction could arise. The notice was not shown to have been served at the company&#039;s registered office, so the relevant deeming provision could not operate. The material also did not support conversion of the matter into a winding up case on the just and equitable ground. The petition was therefore not maintainable on the pleaded basis and was rejected.</description>
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      <title>2013 (2) TMI 196 - CALCUTTA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=220791</link>
      <description>A winding up petition based on deemed inability to pay debts failed because the statutory notice requirement was mandatory and had to be strictly satisfied before the legal fiction could arise. The notice was not shown to have been served at the company&#039;s registered office, so the relevant deeming provision could not operate. The material also did not support conversion of the matter into a winding up case on the just and equitable ground. The petition was therefore not maintainable on the pleaded basis and was rejected.</description>
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      <pubDate>Tue, 05 Feb 2013 00:00:00 +0530</pubDate>
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