2015 (4) TMI 110

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....etitioner has filed the present petition for winding up of the Respondent Company under Section 433(e). The contention of the Petitioner is that the Respondent through its Director approached the Petitioner in February 2011 for supply of various chemicals/materials. As per the Petitioner, the Respondent was to make payment upon receiving necessary invoices from the Petitioner for the supply of chemicals/materials. 3. As per the Petitioner, purchase orders dated 17.02.2011 and 25.02.2011 were placed by the Respondent on the Petitioner. The terms of payment agreed upon was within a period of 45-60 days. As per the Petitioner, the Petitioner had sent/supplied chemicals/materials as per the purchase orders to the Respondent and necessary inv....

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....;s Receipt mentions the Rejection Note number, vehicle number and the name of driver through which the goods were sent. 7. As per the Respondent, the Rejection Note and the goods sent along with the Carrier's Receipt have duly been received by the Petitioner and an inward stamp of the Petitioner has been affixed on the same. Learned counsel for the Respondent submits that the Respondent had made payments even after 02.05.2011 for the goods that the Respondent had retained and, as such, the reference in the said mail dated 02.05.2011 was with regard to the payment for the goods which were retained by the Respondent and the balance goods have already been returned to the Petitioner. 8. Learned counsel for the Respondent submits that....

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....uestion of fact are involved requiring detailed evidence to be led by the parties. 11. In the present case, the Respondent has set up a defence that the goods have been returned to the Petitioner. The Respondent has produced Rejection Note, Debit note and Carrier's Receipt to contend that the goods have been rejected and returned to the Petitioner. The Rejection note and the Carrier's Receipt contain a signature and stamp of receipt which is claimed to be that of the Petitioner. Whether the documents are forged and fabricated or whether the seal and stamp of the Petitioner is also forged and fabricated is something that would require a trial and adjudication. No doubt, if the said documents are found to be forged and fabricated, ....