2016 (1) TMI 670

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....k Suri, Advocate. For The Respondent : None Mr. Divya Sarup, Advocate with Mr. Manjit Singh, Assistant Official Liquidator. Rajesh Bindal, J. 1. The present petition has been filed by the petitioner-Company under Section 433 (e), 434 and 439 of the Companies Act, 1956 for winding up of the respondent-Company on the premise that it has failed to pay the admitted liability/debt amounting....

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....ly). However, it has failed to pay the balance amount of Rs. 2,09,45,292/- towards the supply of the aforesaid material. It has also been mentioned that for some of the material supplied, "C" Forms have not been issued and in this regard a sum of Rs. 11,66,620/- is due and payable by the respondent-Company as tax. Vide letter dated 4.12.2012 (Annexure P-7), the respondent company admitted that a s....

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.... complicated question of fact and law and cannot be adjudicated in summary proceedings, therefore it was prayed that the petition deserves to be dismissed. Receipt of statutory notice issued under Section 434 of the Act has been denied. 5. After hearing learned counsel for the parties, finding that the respondent company has failed to pay the admitted liability /debt, this Court vide order date....

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.... a position to discharge the admitted liability of the petitioner company, the order of winding up of the respondent company deserves to be passed. 9. Today no one has appeared for the respondent company. 10. Heard learned counsel for the petitioner company and counsel for the official liquidator. 11. As the respondent company was not in a position to discharge its admitted liability, vid....