9911796707
TMI Blog2015 (4) TMI 110X X X X Extracts X X X X X X X X Extracts X X X X ..... s been filed.The Petition is accordingly dismissed as not maintainable. The Petitioner would be at liberty to pursue its remedy before the Civil Court. - Petition dismissed. - CO.PET. 53/2012 - - - Dated:- 7-8-2014 - Sanjeev Sachdeva, J. For The Petitioner by : Pankaj Bhagat For The Respondent by : Amit Jagga SANJEEV SACHDEVA, J (ORAL) ORDER 1. Learned counsel for the Petitioner has filed in Court today an e-mail dated 02.05.2011. Learned counsel for the Respondent submits that the e-mail does not support the case of the Petitioner and he has no objection to the same being taken on record. The said document is, accordingly, taken on record. Registry is directed to scan and upload the said document. 2. The Petit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... statutory notice, the Petitioner has filed the present petition. Learned counsel for the Petitioner has relied on e-mail dated 02.05.2011 to contend that the Respondent had acknowledged its liability and had stated that the payments were in process. 6. The Respondent has disputed the receipt of the statutory notice. However, the stand taken by the Respondent is that the goods supplied by the Petitioner were defective and, accordingly, a Rejection Note dated 10.11.2011 was issued to the Petitioner alongwith a Debit Note for the amount of ₹ 6,71,851/-. It is submitted that the goods were returned to the Petitioner. The Respondent has placed on record Rejection note, Debit note and Carrier's Receipt showing return of 246 bags. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the said receipt, is not an employee and the signatures are forged and fabricated and no such person by the name of Mr. Ram is an employee or connected with the Petitioner company. He submits that the goods have never been received and the documents have been fabricated for the purposes of creating a false defence to the claim of the Petitioner. 10. The Jurisdiction of the Company Court is summary in nature. It is a settled proposition of law that hered isputed questions of law are involved, the summary proceedings of winding up cannot be resorted to by the Petitioner. The winding up proceedings are not recovery proceedings and the Powers to be exercised by the Court under Section 434 being summary in nature are not to be exercised wher ..... X X X X Extracts X X X X X X X X Extracts X X X X
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