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2012 (7) TMI 5 - BOMBAY HIGH COURT
Winding up – alleged that company unable to pay its debt – winding up petition filed by supplier – Held that:- non-compliance with the requirement of Section 434(1) of the Companies Act, 1956 - notice of demand has not been addressed to the registered office of the company - notice is sent at the factory address - it has been duly replied by the respondent by pointing out that there is a subsisting JVA and the LPA under which the obligations are reciprocal - since petitioner had repeatedly made reference of JVA and LPA in its statements, transactions in respect of which claim had been raised by petitioner would not be said to be distinct and independent of JVA and LPA - defence raised by respondent was bona fide and substantial and petitioner had suppressed material and relevant facts from Court in relation to its demand, winding up petition against respondent was to be dismissed