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Issues involved: Winding-up petition based on non-payment dispute and alleged rejection of goods.
Summary: The winding-up petition was presented on January 7, 1980, based on non-payment by the company for C.I. Scrap (Skull) sold by the petitioning creditor. The company alleged that the goods received were not as per contract specifications, claiming they were slags of furnaces instead of C.I. Small Scrap (Skull). The petitioning creditor served a statutory notice under section 434 of the Companies Act, 1956, for payment, which the company allegedly received but responded with a letter disputing the quality of goods. The company's defense was that it had rejected the goods and the petitioning creditor failed to take them back. The main contention was whether the company's dispute was genuine or manufactured to avoid payment. The petitioning creditor argued that the company had a history of disputing claims and had previously made payments after defaulting. They contended that the company's manufactured documents, including a back-dated letter and alleged rejection of goods, were not genuine and aimed at creating a dispute to avoid payment. The petitioning creditor maintained that the winding-up petition was valid as the company failed to raise a bona fide dispute to the debt. On the other hand, the company claimed a bona fide dispute, asserting that the goods supplied were not as per contract specifications and were rejected. They disputed the authenticity of the weighment certificate and the representative's endorsement on it. The company argued that the winding-up petition was an abuse of the court process and should be dismissed. After examining the evidence and conduct of the company, the court found that the company's dispute was frivolous and manufactured to avoid payment. The court noted that the company had accepted the goods without objection, as evidenced by the documents provided by the petitioning creditor. The court concluded that the company's actions were aimed at creating confusion and avoiding payment, leading to the admission of the winding-up petition. The company was directed to pay the outstanding amount with interest, failing which the petition would proceed for winding-up. In conclusion, the court admitted the winding-up petition based on the company's failure to pay the debt, rejecting the company's claims of a genuine dispute and highlighting the manufactured nature of the company's documents to avoid payment.
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