2014 (7) TMI 774

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....the petitioner as was mentioned in the TDS Certificate issued to the petitioner. 3. It is stated that for the year ending 31st March, 2011, there was a credit balance of Rs. 1,03,25,164/- in the Books of Accounts of the respondent company. 4. It is contended that the petitioner was thus admitted as a creditor of the respondent company and the respondent failed to pay the amount alongwith interest thereon. In the above premise, the present petition seeking winding up of the respondent company has been filed. 5. Learned counsel appearing for the respondent has contended that there is no debt due and payable to the petitioner. It is contended that the petitioner had invested money in the respondent company and the amount paid was towa....

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....by the petitioner during the submissions made in court, however, there is no specific denial to the letter in the rejoinder affidavit filed by the petitioner. Be that as it may, the dispute with regard to genuineness or otherwise of the letter is not to be gone into the present proceedings which are summary in nature. The present proceedings being of a summary nature, this court would not go into the issue of disputed documents unless the documents per se appear to be forged and fabricated. 11. In a petition seeking winding up of a company for its inability to pay its debt, what is to be seen is whether there is a debt and whether a plausible defence is raised by the respondent for the non payment of the debt and to the winding up petiti....