2013 (7) TMI 1238

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....Heard Mr. Shah, learned advocate for the petitioner. 2. In present petition, the petitioner has prayed, inter alia, that: "16(a) that the Respondent Company, i.e. Saral Plastics Private Limited be ordered to be wound up by an order of this Hon'ble Court; (b) that the Official Liquidator, High Court, Gujarat be appointed as liquidator of the Respondent Company with all powe....

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....ed that after the respondent company stopped making payments of petitioner's invoices, the petitioner repeatedly demanded outstanding amount from the respondent company, however, did not make the payment. Consequently, the petitioner was constrained to serve statutory notice dated 19.12.2011, however, the said statutory notice has not earned any reply nor any payment is received from the respo....

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....nt has bonafide defence, the Court ordinarily does not accept request for order of winding up. 6. Particularly in present case, it has prima facie emerged that the claim with which the petitioner has come forward, seems to be time-barred. This becomes clear from the details of unpaid invoices mentioned by the petitioner in the memo of petition, which demonstrate thus: INVOICE NO. INV. DAT....

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....d for hearing for the first time today, i.e. on 10.7.2013. 8. Thus, it prima facie seems that the claim of the petitioner is hit by limitation, unless the petitioner is able to establish by leading appropriate evidence, that by conduct of respondent, e.g. admission of debt and/or promise to pay by the respondent, the limitation stands extended. 9. However, on record of present petition, any ....