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Issues:
1. Whether the company's obligation to repay the loan amount was contingent upon repayment by a third party. 2. Whether the company's issuance of post-dated cheques indicated an intention to repay the loan independently. 3. Whether the company's claim of a bona fide dispute justified dismissing the winding-up petition. 4. Whether the company's collateral security prevented the maintainability of the winding-up petition. Analysis: 1. The company argued that their liability to repay the loan was dependent on repayment by a third party, Eastern Sugar. However, the court found that the repayment schedule in the letter did not attach any pre-condition to the repayment, making the amount due and payable on the specified date. 2. The court noted that the company's issuance of post-dated cheques and correspondence requesting restructuring of instalments contradicted the claim that repayment was contingent on Eastern Sugar's payment. This indicated an intention to repay independently, strengthening the petitioner's claim. 3. The company contended that a bona fide dispute existed, citing their role as a conduit between the petitioner and Eastern Sugar. However, the court found no substantial evidence supporting this claim, as the letter and subsequent correspondence did not indicate any such condition for repayment. 4. Regarding the collateral security argument, the court clarified that a creditor's right to present a winding-up petition is not hindered by the presence of collateral security. Citing precedent, the court emphasized that a creditor with a just claim can seek winding up, even if the claim is secured by collateral. The court dismissed this argument, stating that the petitioner's claim was maintainable. In conclusion, the court ruled in favor of the petitioner, admitting the petition for the principal sum and accrued interest. The court allowed the petitioner to publish advertisements for the winding-up petition and granted a stay of operation for two weeks from the date of the order.
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