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of <h1>Court grants winding up application over disputed bills for iron scrap materials, emphasizing lack of bona fide defense.</h1> <h3>Shyam Sundar Casting Pvt. Ltd. Versus Suresh Enterprise</h3> The court granted the winding up application based on disputed bills for iron scrap materials, emphasizing the company's failure to provide a bona fide ... - Issues:Passing of receiving order on winding up application based on disputed bills for iron scrap materials; Company's defense of total non-receipt of goods; Disputes regarding signatures on bills and absence of weighment bridge records; Company's attempt to create confusion by disputing debts without reasonable grounds; Dispute over interest claimed in statutory notice.Analysis:The judgment revolves around a winding up application based on six bills for iron scrap materials, with the company disputing the receipt of goods under five bills while admitting a portion of the debt. The company's defense of total non-receipt of goods is crucial, as it differs from typical defenses of shortage or quality issues. The court notes the company's silence upon receiving the bills and questions the validity of the company's defense.The judgment delves into the signatures on the bills, highlighting discrepancies in the company's arguments regarding the signatories. Despite the company's claims of improper signatures, the court finds inconsistencies in the company's position, especially concerning previous bill payments signed by the same individuals. The court emphasizes that a bona fide defense is necessary to avoid a winding up application, labeling unsubstantiated disputes as an abuse of the court process.Furthermore, the judgment addresses the company's attempts to cloud the debts by disputing without reasonable grounds, such as creating confusion over previous liabilities and interest claims. The court dismisses these attempts as smoke screens and emphasizes the importance of providing valid grounds for disputing debts. The court ultimately decides to admit the winding up petition, highlighting the importance of upholding the law and providing the petitioning creditor with a remedy.In conclusion, the judgment scrutinizes the company's defenses, signatures on bills, and attempts to dispute debts without substantial grounds. It underscores the necessity of valid defenses in avoiding winding up applications and upholding the integrity of the legal process.
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