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Issues involved: Winding-up petition based on non-payment of goods sold and delivered, dispute raised by the company regarding the quality of goods supplied and alleged collusion with employees leading to fraud.
Summary: The winding-up petition was presented based on non-payment of goods sold and delivered by the petitioning-creditor to the company. The company alleged that the goods supplied were not as per the contract and accused the petitioning-creditor of collusion with employees to commit fraud. The company claimed to have dismissed the employees involved in the alleged fraud and referred the matter to the Vigilance Commission, Govt. of West Bengal. The petitioning-creditor argued that the company's defense was frivolous, defamatory, and lacked evidence. They contended that the company's attempt to raise disputes was a cover-up for their delay in payment. The court found no merit in the company's allegations, stating that there was no defense to the petitioning-creditor's claim, which appeared bona fide. The court warned against entertaining baseless allegations that could harm the business reputation of traders and merchants. After careful consideration, the court concluded that the company's defense was a desperate attempt to victimize trade creditors for the fraudulent acts of its employees. The court found no substance in the company's defense and held that the winding-up petition was not an abuse of court process. The court ordered the winding-up petition to be admitted and advertised, giving the company a chance to settle the claim to avoid further proceedings. The court clarified that the order did not prevent the company from taking action against its employees or affect the ongoing matter before the Vigilance Commission, Govt. of West Bengal.
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