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TMI Blog2018 (5) TMI 621X X X X Extracts X X X X X X X X Extracts X X X X ..... ewspapers ‘Statesman’ (English) and ‘Veer Arjun’ (Hindi), as well as in the Delhi Gazette, at least 14 days prior to the next date of hearing. - CO.PET. 244/2015 & CA No. 1150/2015 - - - Dated:- 12-4-2018 - MR. JAYANT NATH J. Petitioner Through Mr. Rakesh Kakkar, Adv. Respondent Through Mr. Mukul Girdhar, Adv. JAYANT NATH, J. (ORAL) 1. On 28.02.2018 I had heard the learned counsel for the parties and indicated that I am inclined to admit the petition to appoint the OL as provisional liquidator. At that stage, the learned counsel for the respondent sought an opportunity to take instructions from his client regarding payment of the dues of the petitioner. Thereafter, the learned counsel for the respondent has taken tw ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly, the respondent has paid the sum of ₹ 5 lakhs. 5. A legal notice was issued to the respondent on 24.02.2015. Despite service, no payment has been received. Now this winding up petition has been filed. 6. I have heard the learned counsel for the parties on 28.02.2018. 7. The learned counsel for the respondent had on the said date made two submissions to oppose the petition. Firstly, he submitted that the letter of acknowledgement dated 01.09.2014 relied upon by the petitioner has been signed by Mr. Sanjeev Nayyar who is not a director or officer of the respondent company and the acknowledgement is of no avail and cannot be relied upon by the petitioner. Secondly, he submits that several e-mails are on record to show t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... said commitment of 30 days of M/s Life Essentials Personal Care Pvt. Ltd. and as well as other payment on behalf of us. Ms/ Life Essentials Personal Care Pvt. Ltd. Sanjeev Nayyar Director I, Vikas Narang partner of M/s Saraswati Printers accepting the cheque amount of ₹ 500000.00 (Rupees Five Lakh Only) as token money out of total dues and Saraswati Printers agreed to take as per above said commitments of Life essentials Personal Care Pvt. Ltd. M/s Saraswati printers Vikas Narang Partner 9. What is essentially pleaded by the respondent is that the acknowledgement is signed by Sanjeev Nayyar who is not a director or the officer of the respondent company. 10. The shareholdings of the respon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat when it comes to the reading the acknowledgement dated 01.09.2014, the plea is taken that it has been signed by Mr.Sanjeev Nayyar who is the director of Life Essential Personal Care Pvt. Ltd. but when it comes to saying that the goods supplied by the petitioner were defective, the respondent chooses to rely upon a communication sent by Life Essential Personal Care Pvt. Ltd. Obviously, the respondent cannot be permit to approbate and reprobate. 14. In view of the above, in my opinion, it is clear that the defence set up by the respondent is moonshine. The company is unable to pay its dues. 15. In Mediquipsystems (P) Ltd. vs. Proxima Medical System GMBH, (2005) 7 SCC 42 the Supreme Court held as follows:- 18. This Court in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hin 2 weeks, subject to any further amounts that may be called for by the liquidator for this purpose, if required. 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. 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 the Official Liquidator to seek police help in the discharge of his duties, if he considers it appropriate to do so. The Official Liquidator to take all further steps that may be necessary in this regard to protect the premises and assets of the respondent-company. 19. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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