TaxTMI 
TaxTMI 
2004 (2) TMI 353
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....ptember, 1997, while admitting the appeal, ordered that no further steps be taken pursuant to the advertisement so published. While considering this appeal we have found that in the order under appeal the learned Company Judge held that there are some disputes raised by the Company but there is no finding by the learned Company Judge that the disputes are not bona fide disputes. 2. The material facts are that petitioning creditor filed a winding up petition after serving a statutory notice of demand. The service of notice of demand is also disputed. The claim is for goods sold and delivered. While disputing the claim of the petitioning creditor the company raised the defence as follows :- (i )It did not receive the statutory notice. (ii ....
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....h A/D on the correct address after payment of postal charges and everything and as such sending of the notice under registered post with A/D raises a presumption of service. At the sametime it is true that such presumption is rebuttable and when Sri Gopal Jana himself refused on oath that the said notice has not been received by him, the presumption is rebutted and the whole thing is covered within the thicket of factual disputes which cannot be adjudicated in a winding up Proceedings. 4. Now, coming to the merits of the claim of the petitioning creditor, this Court finds that in paragraphs 6 and 7 of the winding up petition, the claim has been made by the petitioning creditor but in those paragraphs there are no particulars and this claim....
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.... repents his act of signing those statements. In the affidavit which has been filed by the company the claim of the petitioning creditor has been categorically and stoutly denied and it has been stated that the Company would get from the said petitioning creditor an amount of Rs. 35,059.37 and the name of the petitioning creditor does not appear in the balance sheet of the Company as its creditor. Insofar as the question of confirmation is concerned the same has also been denied, and it has been stated that Sri Bera was never an accountant of the company and therefore he had no authority to sign any such statement. Apart from that, from the said letter of confirmation it appears that claim of Rs.1,44,062.77 Paise has been made without any p....