<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2017 (5) TMI 375 - RAJASTHAN HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=342637</link>
    <description>A winding up petition may succeed where an admitted debt remains unpaid after statutory notice and the company fails to show a bona fide, substantial dispute. The court rejected mutually destructive defences that the payment was either for a third company&#039;s liability or a loan repayable later under an alleged e-mail arrangement, holding that the e-mail lacked essential terms and was not a binding contract. The consultancy-based explanation was treated as irrelevant to the petitioner&#039;s separate claim and unsupported by credible material. With no repayment after notice and no public interest ground against winding up, the debt was treated as due, neglected and unpaid, and the company was ordered to be wound up.</description>
    <language>en-us</language>
    <pubDate>Fri, 07 Apr 2017 00:00:00 +0530</pubDate>
    <lastBuildDate>Tue, 09 May 2017 07:41:25 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=467894" rel="self" type="application/rss+xml"/>
    <item>
      <title>2017 (5) TMI 375 - RAJASTHAN HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=342637</link>
      <description>A winding up petition may succeed where an admitted debt remains unpaid after statutory notice and the company fails to show a bona fide, substantial dispute. The court rejected mutually destructive defences that the payment was either for a third company&#039;s liability or a loan repayable later under an alleged e-mail arrangement, holding that the e-mail lacked essential terms and was not a binding contract. The consultancy-based explanation was treated as irrelevant to the petitioner&#039;s separate claim and unsupported by credible material. With no repayment after notice and no public interest ground against winding up, the debt was treated as due, neglected and unpaid, and the company was ordered to be wound up.</description>
      <category>Case-Laws</category>
      <law>Companies Law</law>
      <pubDate>Fri, 07 Apr 2017 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=342637</guid>
    </item>
  </channel>
</rss>