2018 (1) TMI 1725

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....ounsel for petitioner states that further to the order dated 4th January, 2018, petitioner's advocates had sent a fresh notice under Rule 28 of the Companies (Court) Rules, 1959 to respondent company at the new address given in the Company Master Data extract taken on 4th January, 2018. Mr. Shah states that the packet has come back with the endorsement "unclaimed" and tenders an affidavit of o....

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....de, the court may pass a winding up order on the basis that amount claimed has not been denied by the company and there is a presumption of inability to pay by the company. Where no response has been made to the statutory notice, the respondent company runs a risk of winding up petition being allowed. By virtue of Section 434 of the Companies Act 1956 a presumption of the indebtedness can be legit....