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TMI Blog2008 (2) TMI 634X X X X Extracts X X X X X X X X Extracts X X X X ..... , cannot also be said to be an unconditional admission of the debts by the respondent. According to the respondent, they have rejected some materials sup plied by the petitioner for which proper credit was not given by the petitioner. They have also filed certain letters in the additional typed set of papers to show that some materials were rejected and they asked for credit notes towards the value of the same.In such circumstances, the above company petition filed by the petitioner is misconceived and if at all the petitioner is aggrieved, they have to approach the proper forum. Also rejecting the arguments of learned counsel for the respondent that there is statutory compliance of sending the notice before filing the petition. Appeal d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ,51,599. The notice was received by the respondent on August 27, 2004, but no amount was paid by the respondent. The petitioner issued another notice in its present name dated May 6, 2005, and the same was returned with the postal endorsement "Co. closed". At the time of filing company petition, as per the petitioner, the respondent is due to pay a sum of Rs. 66,17,937.90 and hence they prayed for winding up of the respondent-company and appointing the official liquidator as the liquidator of the respondent-company. The respondent entered appearance through their counsel and filed counter affidavit. The respondent stated that the first notice issued in the name of Tata SSI Ltd., was not a valid notice as there was no such company on Apr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... earned counsel further added that the balance confirmation report submitted by the respondent on July 19, 2002, will also prove the categorical admission of the liability by the respondent. Per contra, learned counsel for the respondent submitted that a letter dated March 21, 2002, did not admit any specified amount and as the respondent-company was maintaining a running account, they only received the balance confirmation report and the signature affixed in the report is only for the purpose of acknowledging the receipt of the report and not for admitting the liability. I have considered the rival submissions carefully with regard to facts and citation. In a company petition filed for winding up of a company, the petitioner has to fi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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