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    <title>1985 (11) TMI 233 - Karnataka High Court</title>
    <link>https://www.taxtmi.com/caselaws?id=185247</link>
    <description>A secured creditor may present a winding-up petition without first relinquishing or valuing its security under company law. The Court also held that a substantial debt was proved from the banker-customer relationship, balance-sheets, revival letters, and statutory demand, while the company&#039;s objections did not amount to a bona fide or substantial dispute. Non-compliance with the demand and independent evidence established inability to pay current liabilities, justifying winding up. Balance-sheet acknowledgments and revival letters supported limitation, and alleged director conflict did not invalidate them as against the bank. Later suits and Order II Rule 2 did not bar the petition, and the just and equitable ground was not needed.</description>
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    <pubDate>Tue, 19 Nov 1985 00:00:00 +0530</pubDate>
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      <title>1985 (11) TMI 233 - Karnataka High Court</title>
      <link>https://www.taxtmi.com/caselaws?id=185247</link>
      <description>A secured creditor may present a winding-up petition without first relinquishing or valuing its security under company law. The Court also held that a substantial debt was proved from the banker-customer relationship, balance-sheets, revival letters, and statutory demand, while the company&#039;s objections did not amount to a bona fide or substantial dispute. Non-compliance with the demand and independent evidence established inability to pay current liabilities, justifying winding up. Balance-sheet acknowledgments and revival letters supported limitation, and alleged director conflict did not invalidate them as against the bank. Later suits and Order II Rule 2 did not bar the petition, and the just and equitable ground was not needed.</description>
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      <pubDate>Tue, 19 Nov 1985 00:00:00 +0530</pubDate>
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