9911796707
TMI Blog2018 (4) TMI 731X X X X Extracts X X X X X X X X Extracts X X X X ..... elhi Gazette, at least 14 days prior to the next date of hearing. - CO.PET. 526/2012 - - - Dated:- 4-4-2018 - MR. JAYANT NATH J. Petitioner Through Mr. T.K. Tiwari, Adv. Respondent Through Mr. Vikas Agarwal, Ms. Shaili Pande and Mr. Amir, Advs. JAYANT NATH, J.(ORAL) 1. This petition is filed under section 433(e), 434 and 439 of the Companies Act, 1956 for winding up of the respondent company. The case of the petitioner is that the petitioner has been supplying steel products on regular basis to the respondent company as per their orders. It has been pleaded that after giving due credit of all payments made by the respondent company to the petitioner after March 2011 an outstanding amount of ₹ 25,05,676/- was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dents themselves which is the Statement of Taxable Income filed for income tax purpose for the Assessment Year 2012-13. It has been pointed out that in the list which is attached to the Statement of Taxable Income under the heading Trade Payable on 31.3.2012 a sum of ₹ 13,23,057/- is shown as outstanding and payable to the petitioner. Hence, he pleads that this is an admission of claim by the respondent. 4. Learned counsel for the respondent has submitted that this statement of account which is filed by the respondent is not an admission of dues payable by the respondent. It is only a Statement and cannot be construed as an admission. He also submits that the petitioner has already filed a suit for recovery of the amount which ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the respondent pointing out alleged defects in the bill appear to be only an afterthought inasmuch as these have been stated for the first time when their reply was filed to this petition. Nowhere in the reply it is pleaded that any communication was sent to the petitioners pointing out defects in the goods supplied or the fact that the invoice sent by the petitioner are inflated and do not reflect the correct dues. One would expect that when a defective invoice is received, a protest would be lodged immediately. Hence, the plea that the bills are erroneous is a clear afterthought and cannot be accepted especially keeping in view the admission stated in the statement of account for the Assessment Year 2012-13 filed by the respondent them ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tled to the benefit of exclusion of time during which the winding up petitions relating to each of the five suits were pending for the purposes of computing the limitation for the suits instituted by the plaintiffs. The essential conditions of Section 14 of the Limitation Act are not fulfilled, as discussed earlier. The winding up petitions having been dismissed on merits and not on account of any defect of jurisdiction or a defect of a like nature. Section 14 cannot be pressed into service. Besides, the nature of the relief in a winding up petition is entirely different and distinct from that in a suit for recovery.... 10. In the above context reference may also be had to the judgment of the Patna High Court in Central Bank of India ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tions be published in the Delhi editions of the newspapers Statesman (English) and Veer Arjun‟ (Hindi), as well as in the Delhi Gazette, at least 14 days prior to the next date of hearing. Costs of ₹ 75,000/- will be paid by the petitioner for the publication. The Official Liquidator shall also endeavour to prepare a complete inventory of all the assets of the respondent-company when the same are taken over; and the premises in which they are kept shall be sealed by him. OL is also authorised to break open the locks of the office of the respondent company in case the need arises. At the same time, he may also seek the assistance of a valuer to value all assets to facilitate the process of winding up. It will also be open to t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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