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TMI Blog2019 (6) TMI 218X X X X Extracts X X X X X X X X Extracts X X X X ..... ner's engagement was duly extended under the cost-sheet duly executed by the parties. It is stated that the petitioner have provided services under the Agreement and raised invoices every month as per the terms agreed by the parties from time to time. It is pleaded that under the invoices so raised, a sum of Rs. 9,77,271/- remains unpaid. On 18.4.2012 a statutory notices was issued to the respondents calling upon them to pay the amount of Rs. 12,17,555/- which includes interest on behalf of the pending dues. As there was no response the present winding up petition has been filed. 2. I have heard learned counsel for the parties. 3. Learned counsel for the petitioner has taken me through the Agreement dated 13.11.2009 and emails date ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0 and 171 of the said firm would add up to the outstanding amount payable by the respondent meaning thereby that for the said outstanding dues the petitioners have also deposited the necessary TDS. 7. Learned counsel for the respondent has, however, referred to emails dated 18.8.2010 wherein some complaints have been made to the petitioner regarding the conduct of the technical staff. It is further stated that on 24.7.2011 the DG Set installed in the Mall exploded and was rendered defunct. It is stated that the expenses respondent incurred replacing the DG Set is far more than the amount namely, Rs. 9,77,271/-. 8. In the reply to the petition, an averment is made by the respondent company that it appears to be a mishap occas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... first deal with the consequences of the Respondent's failure to send a Reply to the Statutory Notice. The reliance of Mr. Valmiki Mehta, Learned Senior Advocate appearing for the Petitioner on the above-mentioned decisions of my Learned Sister Usha Mehra, J. is somewhat exaggerated. The decisions do not inexorably lead to the conclusion that Winding-up Orders must unvariably be passed where no response to a Statutory Notice has been made. From my understanding of the judgment my Learned Sister had taken the failure to reply to the notice as an important factor in determining whether a bona fide defence had been put forward. In the circumstances of both the cases, she preferred to view the defence as an afterthought and as being bereft ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... anner diluting or undermining the significance of the failure of the Respondent Company to respond to the statutory notice, this factor will be duly kept in perspective when the conspectus of facts is considered." 12. In the aforesaid facts, in my opinion, show that the amount as claimed by the petitioner is legally and validly due from the respondent. 13. Accordingly, I admit the present petition. The Official Liquidator 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 t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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