9911796707
TMI Blog2007 (4) TMI 378X X X X Extracts X X X X X X X X Extracts X X X X ..... etition was disposed of upon its admission by giving liberty to the petitioner to recover the sum or the balance sum by instituting appropriate proceedings by treating the order as a decree. 2. The company applied for recalling the order and was put on terms before the order of 6-12-2004 was recalled and the company allowed to contest the petition. The company has put in cash security of Rs. 3 lakhs with the advocates of the parties as Joint Receivers in respect thereof. 3. The company did not respond to the statutory notice of 18-3-2004. The company did not initially file any affidavit opposing the order of winding up sought in these proceedings. In the affidavit which has been filed at a subsequent stage a specious explanation has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ds and for alleged adjustment in respect of the company s dealings with an associate of the petitioner, have been denied. The petitioner claims that such letters have been brought into existence in support of the company s false assertions. The petitioner relies on the company s lack of the response to the statutory notice and its not filing any affidavit at the earlier stage despite obtaining directions therefor, to be other indicators as to the authenticity of the documents now sought to be relied on. 7. As far as the alleged letter of 1-12-2003 said to have been issued by Manoj Kr. Maheswari is concerned, the petitioner relies on a letter addressed by some of its employees to the petitioner, with copies thereof issued to divers autho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... "6. ... it is denied that the petitioning-creditor accepted that the materials supplied by the petitioning-creditor was of inferior quality as alleged or at all. The purported letters dated 11-8-2001, 30-8-2001 are similarly take and brought into existence with an ulterior motive to give a colour to the false case of the company. It is denied that there were any meeting or any telephonic conversation between myself and any officer of the said company or with the deponent as alleged or at all. It is denied that any letter dated 10-4-2002 was addressed by the petitioner as alleged or at all. The alleged letter dated 10-4-2002 is a fake letter and brought into existence with a view to give a colour to the false case of the company. It is deni ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rs that the genuineness of the document relied upon by the company as regards the adjustment claimed on account of inferior quality of goods supplied requires to be tested,it cannot be concluded, at least as yet, that the defense taken in these proceedings on such account is completely moonshine. 11. The petition is admitted for the principal sum of Rs. 2,18,371.59 together with interest thereon at the rate of 10 per cent per annum from 1-4-2002. The company is liable to pay interest as it has relied on its accounts for the year 1-4-2002 to March 2003 and admitted in such accounts that a sum in excess of Rs. 6.13 lakhs remained due to the petitioner as at the beginning of that financial year. 12. The company offers the security alre ..... X X X X Extracts X X X X X X X X Extracts X X X X
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