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Indian Laws - Highlights / Catch Notes

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Winding up of petition - dishonor of cheque - inability of pay ...


Winding-Up & Summary Suit: No Order Without Proof of Frivolous Defense in Debt & Cheque Dishonor Cases.

July 2, 2019

Case Laws     Indian Laws     HC

Winding up of petition - dishonor of cheque - inability of pay debts - summary suit and winding up petition share a broadly similar approach. In both, the Respondent or Defendant must be shown to have no tenable or plausible defence. Unless that defence is moonshine, an order could not be passed.

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