1993 (8) TMI 237

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....ondent. JUDGMENT S. Rajendra Babu, J.-The petitioner is seeking winding up of the respondent-company principally under section 433(e) of the Companies Act, 1956. A statutory notice was issued by the petitioner on October 28, 1991, to the effect that the petitioner-company has been supplying packing material such as CC boxes, etc., for a long time and has also been receiving payments therefor....

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....replied to the said notice stating that the goods supplied to them were of sub-standard quality and there were bona fide disputes between them thereto and denied the claim made by the petitioner, It is, thereafter, that the petitioner has presented this petition. Before the matter was admitted, this court directed issue of notice to the respondent. The petitioner had reiterated the claims made ....

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....oner, however, submitted that the goods had not been rejected outright, but they had been accepted and on the other hand, they had also been utilised. It is only in respect of those goods that the petitioner is making a claim and the liability in that regard is still due. This court in Hegde and Golay Ltd. v. State Bank of India, ILR 1987 Kar 2673, has explained the scope of a petition arising ....