2005 (8) TMI 398

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....arun Diwan for the Respondent. JUDGMENT (ORAL JUDGMENT) Vijender Jain, J. - In a first appeal no reply to the appeal has to be filed. However, if the court is desirous of looking into the pleadings before the trial court it can always call for the records. In this view of the matter reply to the appeal is directed to be taken off the record. The appellant, M/s. Misuki Exports Pvt Ltd., ha....

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....f Rs. 2,97,140 and it was also so reflected in the balance-sheet up to March 31, 2002. The appellant however took the stand that it had raised a debit note of Rs. 3,19,250 on April 15, 2002, and as such, was not liable to pay any amount. The learned company judge directed the appellant to place on record statement of account for the period April 1, 2001, to March 31, 2002, particularly the entries....

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....of Rs. 3,19,250 was raised. The learned company judge also observed that when the matter was argued on November 9, 2004, the appellant had not stated that a debit note was raised for a sum of Rs. 3,19,250. It is also important to note that no such plea was raised by the appellant in reply to the petition for winding filed by the respondent. The date of the debit note is material for it goes to sho....