TaxTMI 
TaxTMI 
TaxTMI 
2014 (2) TMI 1174
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.... goods sold and delivered by the appellants to the respondent. The facts would depict, the respondent Company permitted M/s. Expo Minerals Pvt Ltd to run their factory for a limited period. The said Expo Minerals handed over the factory back to the respondent on May 13, 2010. The subject supply would relate to coal supplied between the period April 4, 2010 and April 14, 2010. The appellant would allege, they supplied coal to the respondent whereas the respondents would deny the same. The respondent would claim, they had a linkage with South India Coalfields Limited. They never had any occasion to purchase coal from any private party, far to speak of the appellants. Both these petitions would raise a claim of about Rs. 1.5 crore. However, t....
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.... Shaw. We find from the affidavit, the Company denied the existence of the confirmation of accounts. They would contend, the seal appearing on the said document was not the seal of the company. The initial appearing therein would appear to be of Abhimunnu Shaw who denied having signed the same by filing an affidavit appearing at page 121 of the paper book. Mr. Mitra would make comment on such pleadings. He would refer to the earlier paragraphs where the Company claimed to have 380 employees. According to him, out of 380 employees if the Company could identify the initial of Abhimunnu mere denial on the part of Abhimunnu would not absolve their responsibility. On the invoice Mr. Mitra would contend, both the invoices were accompanied by var....
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....mmenting on the confusion that is being raised in respect of Abhimunnu, Mr. Mitra would contend, the initial appearing on the document would appear to be of Abhimunnu. Hence, the Company enquired of him whether he had signed the document or not that he denied by filing an affidavit appearing at page 121 of the paper book. He would again raise suspicion on the existence of the document appearing at page 28 that was hand delivered. Accordingly to him, the distance would not permit so prompt delivery even by hand. Reacting to the appellant's contention on the letter of notice of demand made to Expo Minerals, Mr.Mitra would contend, it would show the bona fide conduct of the company. He would lastly contend, the company is a cash rich company h....
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....ing-up petition cannot be admitted. In the present case, the company did not give any reply that would definitely raise a presumption against them. However, once the winding-up petition came up for admission after affidavits, the Court is to examine the records that would appear from the pleadings including affidavits filed by the company. The facts so discussed above, would not suggest, the petitioning creditor was successful in raising the admitted claim. In our view, the disputes so raised by the company could not be said to be sham that would deserve an order of rejection. We do not know, whether the petitioning creditor would be able to justify their claim or the company would be able to resist the same, at the final trial. It would be....
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....t come to a definite conclusion as to the veracity of the claim. Hence, this may not have any relevance. Mr.Mitra has next cited the decision in the case of Deepika Housing Projects Pvt. Ltd. Vs. Carboxy Chemicals Pvt. Ltd., reported in 2008(1) CHN 419. He has relied upon paragraph 17 where the learned single Judge of this Court observed, "The company's ground that the petitioner lacks of bona fide is without basis. It is the petitioner which gave the money to the company. Such fact remains undisputed. Who is in control of the petitioner or who is in control of the company is irrelevant once the petitioner is established as the creditor and the company the debtor". This paragraph has been relied upon by Mr.Mitra in support of his contentio....