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TMI Blog2018 (1) TMI 1725X X X X Extracts X X X X X X X X Extracts X X X X ..... rance. The averments in the petition are, therefore, not controverted. The company has also not responded to the statutory notice. It is settled law that where no response to a statutory notice has been made, 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 h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... off. - JUSTICE K.R.SHRIRAM For the Appellant : Niraj Shah i/b. Mr. Siddharth Murarka for petitioner. For the Respodent : None ORDER P.C.: 1 Mr. Shah, counsel 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 add ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the petition are, therefore, not controverted. The company has also not responded to the statutory notice. It is settled law that where no response to a statutory notice has been made, 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 stat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is allowed in terms of prayer clauses (a) and (b) which read as under : (a) that the respondent company, namely M/s. Dharmraj Aluminum Industries Pvt. Ltd., having its registered office at B/2, Devprayag, Bhaktimandir Marg, Opp. Thanawala Automobiles, Thane 400 602, Maharashtra, be wound up by and under the orders, direction and supervision of this Hon'ble Court; (b) that Officia ..... X X X X Extracts X X X X X X X X Extracts X X X X
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