9911796707
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Issues involved:
Winding up petition under sections 433(e), 434, and 439 of the Companies Act, 1956 for inability to repay admitted debts; Dispute over quality of materials supplied and settlement of accounts. Analysis: The petitioner, a partnership concern, filed a winding-up petition against the respondent limited company for its failure to repay admitted debts. The petitioner had been supplying taxable paper cones to the respondent, and a running account was maintained. Despite discrepancies in the amount due, the respondent failed to settle the outstanding sum. The respondent issued a dishonored cheque and later a bank draft, but the petitioner claimed a substantial principal amount and interest. The respondent raised issues regarding the quality of materials supplied and claimed settlement of accounts, which were deemed as afterthoughts by the court. The court noted that prior to the reply, the respondent never raised concerns about material quality. Correspondence from an industry association assured payment by the respondent. The respondent's contradictory actions, like issuing a bank draft despite alleging defective materials, raised doubts. The court found no evidence of poor material quality post-April 1998, undermining the respondent's claims. The respondent's failure to present a comprehensive defense in response to the notice was viewed unfavorably by the court. Given the lack of bona fide disputes raised by the respondent and its failure to repay the admitted liability, the court admitted the winding-up petition. The respondent was directed to pay the due amount with interest, as no repayment offer was made in court. Notice of admission was ordered to be published in various newspapers and gazettes for parties' awareness before the next hearing.
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