TaxTMI 
TaxTMI 
2014 (1) TMI 1167
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.... arrangement with the respondent company under which it regularly supplied garments on outright sale basis and it was agreed that the respondent company would make payments to the petitioner against the invoices raised. In the course of the business transactions between the petitioner and the respondent, the petitioner raised various invoices upon the respondent company. In response to the e-mails sent by the petitioner, the respondent submitted a statement of account for the period from 1.4.2009 to 31.3.2010 showing an outstanding amount of Rs.23,60,758/- due to the petitioner. It would appear that certain claims were raised by the respondent company against the petitioner by way of debit notes. Eventually, the petitioner, found that the a....
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....the judgment of the learned single judge of this Court (Dr. Mukundakam Sharma, J) in Hotline Teletubes & Components Ltd. v. A.S. Impex Ltd. [2004] 49 SCL 590 (Delhi), there is no requirement that the statutory notice envisaged by section 434(1)(a) of the Act should be served on the respondent company; it was only necessary to send the notices to the registered office of the respondent. In the light of this judgment, the submission of the respondent company that it did not receive any notice at its registered office is of no consequence. The respondent did not dispute that its registered office was at G-44, Industrial Area, Lawrence Road, New Delhi-110035. 6. The other argument of the respondent company was that the petitioner was earlier c....
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.... was sent to the statutory notice sent through e-mail to the respondent company. In para 19 of the petition there is a specific averment that the respondent company is unable to make the payment and is commercially insolvent. The defences taken by the respondent company are without any substance and appear to be mere moonshine. In these circumstances, I am satisfied that the respondent company is unable to pay its debts to the petitioner and therefore should be wound up. I accordingly, admit the winding up petition. 9. The OL attached to this Court is appointed as the Provisional Liquidator ("PL") of the Respondent. The OL is directed to take over all the assets, books of accounts and records of the Respondent forthwith. The OL shall also ....