2014 (6) TMI 1085

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.... ORDER The petitioner is before this Court seeking that the respondent-company be wound up under the provisions of the Companies Act, 1956. 2. The petitioner and the respondent are stated to have entered into certain business transactions through purchase order bearing No.P0056 dated 01.03.2004. The respondent is said to have placed an order on the petitioner for supplying of 4,242 Kgs of Creame....

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....id from the total the amount that was due to be paid by the respondent was in sum of Rs. 1,98,571/- as on 06.09.2005. The petitioner therefore got issued a legal notice calling upon the respondent to pay the said amount. The details of the calculation of the amount as demanded is adverted to in the petition as on the date of filing of the petition. The petitioner contends that a sum of Rs.2,17,339....

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....in the affidavit evidence also which was tendered on behalf of the petitioner. The documents in support of the claims were marked as Exs. P1 to 15. Invoice for the supply and the communication addressed seeking payment of the amount is also marked. Notices issued have been marked as documents on behalf of the petitioner. The witness who had tendered evidence on behalf of the petitioner has not bee....

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.... up. In the above noted circumstances, where claim has been made by the petitioner and evidence has been tendered which has remained unchallenged, the claim as put forth by the petitioner would have to be accepted. In any event, the respondent had not raised the dispute with regard to the payment that is to be made or with regard to the quality of the goods supply at an earlier instance, but was r....