https://www.taxtmi.com/caselaws?id=243307 A winding-up petition based on deemed inability to pay debts under section 434(1)(a) of the Companies Act, 1956 requires strict proof that the statutory notice was properly served and that the company failed to respond or pay. The Court held that the pleadings did not establish valid service by speed post or a factual foundation for the presumption of deemed service, and the cited authorities were distinguishable on their facts. Without proper pleading and proof of service, the deeming fiction could not be invoked. The ex parte interim orders and appointment of the Provisional Liquidator were recalled, and the company petition was dismissed. en-us Fri, 06 Dec 2013 00:00:00 +0530 Thu, 30 Jan 2014 06:36:28 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=243307 A winding-up petition based on deemed inability to pay debts under section 434(1)(a) of the Companies Act, 1956 requires strict proof that the statutory notice was properly served and that the company failed to respond or pay. The Court held that the pleadings did not establish valid service by speed post or a factual foundation for the presumption of deemed service, and the cited authorities were distinguishable on their facts. Without proper pleading and proof of service, the deeming fiction could not be invoked. The ex parte interim orders and appointment of the Provisional Liquidator were recalled, and the company petition was dismissed. Case-Laws Companies Law Fri, 06 Dec 2013 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=243307