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TMI Blog2018 (11) TMI 246X X X X Extracts X X X X X X X X Extracts X X X X ..... idator attached to this Court is appointed as the Provisional Liquidator. He is directed to take over all the assets, books of accounts and records of the respondent-company forthwith. The citations 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. - CO.PET. 861/2015 - - - Dated:- 25-9-2018 - MR. JAYANT NATH J. Petitioner Through: Mr. Rajiv K Garg, Adv. Respondent Through: Mr. Sunil Chaudhary, Adv. JAYANT NATH, J.(ORAL) 1. This petition is filed under Sections 433(e) and 434(f) of the Companies Act, 1956 seeking winding up of the respondent Company. 2. The case of the petitioner is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d towards the principal amount. Out of the four PDCs, three cheques were encashed leaving a balance of ₹ 15 lakhs which the respondent had requested that the said PDC be not presented. On 20.06.2009, again the respondent issued a cheque for ₹ 15 lakhs dated 30.09.2009. Similarly, a cheque for the interest was also issued as issued in the past. This process appears to have gone on subsequently when finally the respondent handed over a cheque on 15.11.2010 for ₹ 10 lakhs which was encashed by the petitioner leaving a balance of ₹ 5 lakhs payable to the petitioner. 3. Reliance is placed on a communication dated 08.08.2012 sent by the petitioner in response to which the respondent on 04.03.2013 despatched a Confirmati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndent owes to the petitioner a sum of ₹ 7,29,905/-. He also points that the legal notice that was sent by the petitioner on 14.08.2015 was duly delivered. Despite this, he submits that the respondent did not respond. He submits that the defence of the respondent is a sham. 7. Learned counsel for the respondent has reiterated that the balance confirmation relied upon by the petitioner are forged documents. He has also denied that such a document was sent by the respondent to the petitioner. He submits that the dues of the petitioner stood duly paid and that even otherwise, the claim of the petitioner is now barred by limitation as the dues claimed pertain to the period 2009-10 and the winding up petition has been filed in 2015. He h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Kumar was the accounts head of the respondent Company and is still working and no one from the respondent side ever sent this account. 11. The document filed by the petitioner is on the letter head of the respondent duly affixed with the stamp of the respondent. If the statement of account was wrong or a forged document, the respondent would have filed their own books of accounts showing that the statement of account which has been relied upon by the petitioner does not tally with the actual original books of account. No such steps have been taken. No attempt is made to support this plea by filing any documents which are manifestly in power and possession of the respondent. Best evidence that is available to the respondent has been hidde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in court, and if that duty is not discharged the court may as well draw the presumption which it is entitled to do under Section 114 of the Evidence Act. .... 13. Coming to the legal notice, the petitioner has placed on record the photocopies of the postal receipts, the courier receipts and the tracking report of the courier Company-DTDC which show that the communication was served on the respondent. One cannot help coming to the conclusion that despite receipt of the above legal notice, the respondents are being evasive. 14. In my opinion, the plea raised by the respondent is not bona fide. There is no bona fide defence raised. 15. Once I conclude that the statements of accounts have been duly sent to the petitioner, it would b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Provisional Liquidator. He is directed to take over all the assets, books of accounts and records of the respondent-company forthwith. The citations 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. 20. Petitioner shall deposit a sum ₹ 75,000/- towards cost of the publication with the Official Liquidator within 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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