TaxTMI 
TaxTMI 
2018 (12) TMI 1309
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....es of the respondent, namely, corporate office at Noida, Uttar Pradesh, etc. in October, 2013. The petitioner started providing security services from November, 2013 at respondent's site at Noida and continued to provide security services till month of December, 2015 and continued to raise invoices on the respondent. The case of the petitioner is that the respondent has not denied/disputed any of the bills/invoices raised by the petitioner towards providing the security services but have failed to release the complete bills. It is pleaded that the respondent was habitual in releasing part payment against the bills/invoices raised by the petitioner. The petitioner raised a total of fourteen invoices in question but the respondent failed to m....
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.... petitioner with regard to other factories of the respondent for which the respondent has never denied its liabilities towards the petitioner. 5. That the petitioner have had been a chronic defaulter in paying the dues/EPF/ESIC of the workmen's, i.e. security guards; due to which they said workmen's had to approach the concerned 'Industrial Tribunal' for realizing their dues. During the relevant time the respondent availed the services of the petitioner for its establishments. Before the concerned 'Industrial Tribunal' the respondent company had also been made a party to the proceedings. Moreover, due to defaults of the petitioner, the respondent had to suffer on account of constant visits of the labor officer/gover....
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.... the petitioner for the purpose of providing security services. It is also denied that the petitioner has been providing security services at respondents site at NOIDA, since November, 2013. It is submitted that the petitioner has never been engaged for providing services at the corporate office site of the respondent. ...... 9. That the contents of the paragraph No.9 of the petition are not admitted and vehemently denied. It is denied that the petitioner continued to raise the bills against the services provided by the petitioner in terms of the agreement to the respondent at the respondents site. It is also denied that the respondent never released the monthly payments on time, in this regard, it is submitted that because no services ar....
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....n of payment towards the petitioner could not arise in any claim made by the petitioner is false and fabricated." 7. From the above reply, it is clear that on one hand in the preliminary submission, the respondent admits that security service was provided by the petitioner with regard to the other factories of the respondent. He has submitted that the petitioner have had been a chronic defaulter in paying the dues/EPF/ESIC of the workmen' on account of that the workmen approached the Industrial Tribunal. It also admitted that the respondent availed the services of the petitioner for its establishments and before the concerned Industrial Tribunal, the respondent company had also been made a party to the proceedings. Moreover, due to default....
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....s and need not be specific or expressive which can be inferred from the vague and evasive denial in the written statement while answering specific pleas raised by the plaintiff. The admissions can even be inferred from the facts and circumstances of the case. No doubt, for this purpose, the Court has to scrutinize the pleadings in their detail and has to come to the conclusion that the admissions are unequivocal, unqualified and unambiguous. In the process, the Court is also required to ignore vague, evasive and unspecific denials as well as inconsistent pleas taken in the written statement and replies. Even a contrary stand taken while arguing the matter would be required to be ignored. 11. Hence, admissions can be inferred from vague and....
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....pany Court always retains the discretion, but a party to a dispute should not be allowed to use the threat of winding-up petition as a means of forcing the company to pay a bona fide disputed debt." 13. There is clearly no dispute raised in this case by the respondent. Accordingly, I admit the present petition. The Official Liquidator attached to this Court is appointed as the Provisional Liquidator. He is directed to take over all the assets, books of accounts and records of the respondent-company forthwith. The citations be published in the Delhi editions of the newspapers 'Statesman' (English) and 'Veer Arjun' (Hindi), as well as in the Delhi Gazette, at least 14 days prior to the next date of hearing. 14. Petitioner shall deposit a su....