United Welding Works Vs Amit Kumar Chamaria & Anr
.... the dispute raised by the defendant in the said application under Section 7(2) under the said Act is not at all bona fide in as much as the plaintiffs have acquired title over the suit premises being the heirs of the admitted landlady of the defendant, Kamala Devi Chamaria, therefore, the Learne ...
Calcutta High Court
Pallawi Resources Ltd. Vs Protos Engineering Company Pvt. Ltd.
.... ore; and ii. The tenancy must be in respect of a premises constructed in or before the year 1984; and iii. The premises must be used for a commercial purpose. The counsel for the parties have, before us, not disputed the fulfillment of these three pre-conditions in the present case. Therefo ...
Supreme Court of India
AVO Engineers (P) Ltd. Vs India Ice Aerated Water and Cold Storage Co. Ltd.
.... anuary, 2004, but in fact the respondent has failed to produce any document to prove the same). 8. Therefore, the claim of the respondent of Rs. 4,00,400/- in the winding up petition was frivolous and there is a bona fide dispute. It is further submitted that the Company Court had no jurisdiction ...
Calcutta High Court
United Eastern Suppliers Pvt. Ltd. Vs India Ice Aerated Water and Cold Storage Company Ltd.
.... by the Controller, who has the authority to do so, it cannot be said that the Company has failed to make payment of rent since before it is determined. It cannot also be said that a debt is prevailing on the date of the filing of the winding-up petition or at the time of service of notice of the wi ...
Calcutta High Court
United Eastern Suppliers Pvt. Ltd. Vs M/s. India Ice Aerated Water and Cold Storage Co. Ltd.
.... ) provides three pre-requisites which are admittedly present in the instant case. It was not the case of the company that any of the pre-requisites mentioned in Section 17(4A) was absent herein. In such view of the matter the rent payable as on 1st July, 1976 should be the rent to be taken into acco ...
Calcutta High Court
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