Winding-Up Petition Admitted: Interim Relief Granted to Petitioner

The winding-up petition filed by the petitioner against the respondent company for recovery of outstanding dues was admitted by the court. Despite the respondent's disputes over invoices and alleged defective goods, the court found the admitted liability exceeding a certain threshold, justifying interim relief in favor of the petitioner. Advertisements were ordered, and the respondent was permitted to continue business operations under certain monitoring conditions.

---

---

Issues Involved:
Winding up petition filed by the petitioner against the respondent company for recovery of outstanding dues.

Analysis:
1. The petitioner supplied Ready Mix Concrete to the respondent company between March and April 2013 worth &8377; 17,84,500. The respondent made partial payments but failed to clear the outstanding amount of &8377; 10,84,000 as per invoices issued by the petitioner.

2. The petitioner sent reminders and a statutory notice demanding payment, to which the respondent did not reply. The respondent acknowledged the outstanding balance but failed to make any payments, leading the petitioner to file a winding-up petition seeking recovery of &8377; 14,63,421 as of the petition date.

3. The petitioner argued that the respondent's defense of alleged defective goods was an afterthought, as no complaints were raised during the transactions. The respondent's admission of receiving goods as per specifications in their affidavit contradicted their new claims.

4. The respondent disputed the invoices claiming discrepancies and non-receipt of correct invoices. They argued that the petitioner's demand varied in different communications, leading to a dismissal of the petition. However, the court held that the discrepancies in the claimed amount did not warrant dismissal as the admitted liability exceeded &8377; 500.

5. The court noted that the respondent's failure to pay the admitted dues justified granting interim relief to the petitioner. The petition was admitted, and advertisements were ordered in local newspapers and the government gazette. The respondent was allowed to conduct business as usual but required to maintain accounts and provide copies to the petitioner every six months.

---