9911796707
TMI Blog1981 (3) TMI 202X X X X Extracts X X X X X X X X Extracts X X X X ..... The petititioning-creditors' claim is very simple and straight-forward for the price of goods sold and delivered pursuant to the orders placed by the company between February, 1978, to May, 1978. The petitioning-creditor has disclosed the bills and the receipted challans for such supplies and also various demand letters which were not replied to and ultimately, when the statutory notice was served through the advocate of the petitioning-creditor, being 7th of December, 1979, and after the presentation of the petition on the 24th of January, 1980, the alleged reply to the statutory notice dated 17th of January, 1980, was sent to the petitioning-creditors' advocate where for the first time certain disputes were sought to be raised without a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r has duly supplied the goods to the defendant company which has been received by the company and the petitioning-creditor has also submitted the original bills with the receipted challans to the company and the bill covers show various bills which have been received by the company. The company's affidavit, particularly the allegations in para 19, making highly defamatory allegations against the petitioner of forgery, dishonesty and commercial immorality, appears to have been verified, as information received from Mr. Bhati, the Ex-Sales Manager of the petitioning-creditor firm, itself shows that the company's director, the said Mr. Pradyut Banerjee, is not only reckless but has no respect for the court and has procured the Ex-Sales Manager ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n-opposition of the said Mr. Pradyut Kumar Banerjee affirmed on the 19th of February, 1980, and produced the original receipt which has been duly, receipted at the back by the petitioning-creditor and submitted that the said Rs. 15,000 represented the advance towards Bittzer Compressor (complete) with a condenser, oil separator, pipe and fittings, etc., and, therefore, the petitioning-creditor is guilty of suppression of facts and trying to extort money by supplying a different make of compressor and also is guilty of similar acts with other customers as alleged in para. 19 of the said affidavit of Mr. Pradyut Kumar Banerjee, which is based on the information received from the Ex-Sales Manager, Mr. Bhati, as hereinbefore stated. Mr. Sen sub ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the court. After a careful consideration of all the documents and the contentions of both the parties, I am of the view that the company is now in the hands of dishonest persons who lack in commercial morality and tried to confuse the court by raising highly improbable and false pleas by setting up a document which, on the face of it, appears to be a manufactured document being the alleged letter dated February 13, 1978. Firstly, the said letter is not referred to in the said admitted receipt dated February 14, 1978, as, had it been a contract in existence as now alleged by the company, it must have been referred in the said receipt. Secondly, the copy of the letter annexed to the affidavit-in-opposition does not bear the endorsement by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lawyers by taking advantage of the credit given by the petitioning-creditor and also making use of an ex-employee of the petitioning-creditor for manufacturing documents. In these circumstances, I am bound to hold that the winding-up petition is not an abuse of the process of the court and the company is unable to pay its debt and has not raised any bona fide dispute to the claim of the petitioning-creditor and there is no substance in the defence sought to be raised either in law or in fact. In the result, I am making the following order : The winding-up petition is admitted. There will be an advertisement once in Statesman, once in Basumati and once in Calcutta Gazette but not to be published before April 15, 1981. If the compa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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