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TMI Blog2018 (9) TMI 1930X X X X Extracts X X X X X X X X Extracts X X X X ..... the provisions of the Companies Act, 1956 on the ground that the company is unable to discharge its debts and is commercially insolvent. 2 The petition though was lodged way back in the year 2012, did not proceed further since the company had filed a reference to BIFR. Mr. Adarkar, counsel for respondent company states that the BIFR reference has abated and the company has not filed any reference under Section 10 of the Insolvency and Bankruptcy Code (IBC) before National Company Law Tribunal (NCLT). Mr. Adarkar further states that some party has filed petition before NCLT which is yet to be admitted and no moratorium is granted. 3 Petitioner has approached this Court as an un paid vendor. Pursuant to purchase order dated 6th August 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oner in its letter, which is undated, but averred in the petition that it was dated 28th March 2012 and dispatched on 29th March 2012. In that letter, petitioner has also called upon the company to pay the entire outstanding with interest thereon at 18% p.a. though the invoices prescribed interest at 30% p.a. As no payments came forth, statutory notice dated 5th May 2012 was issued by petitioner through its advocates, to which there is no reply. 6 On record is the affidavit of one Jitesh Manilal Bhatt affirmed on 26th June 2013 in which the stand taken is (a) the goods supplied were of inferior quality and not up to the mark and therefore, the company suffered monetary loss of more than Rs. 1520 lakhs; (b) the two cheques handed over ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ces raised by the company are nothing but moonshine and afterthoughts to deny payment of a legitimate claim. Therefore, the following order is passed .........." 3 Mr. Ambekar for petitioner states that respondent company has not deposited the amount of Rs. 30,00,000/ as per the liberty granted by this court. 4 Mr. Ambekar tenders an affidavit of one Rupesh R. Jadhav affirmed on 3.9.2018 confirming advertising the petition in `Free Press Journal' and `Navshakti' on 16.8.2018 and in the Maharashtra Government Gazette for the period 2329 August 2018 at serial no.M18151. Notice under Rule 28 had been waived. 5 The company has not filed any further affidavit to make out a case why the final winding up order should not be pa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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