2014 (7) TMI 1394

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....ny registered under the Companies Act, 1956 having registered office at 3rd Floor, Salgaonkar Center, Rua De Ourem, Panaji Goa. It is the contention of the petitioner that the respondent has placed a work order with the petitioner for detail design, engineering and consultancy services for the total raw water conveyance system. It is further the case that such order was placed on 13.09.2011 with the petitioner and thereafter on 31.10.2011 and 12.06.2012 the respondent placed another work orders for detail design, engineering and consultancy services. Thereafter, subsequent work orders were issued on 17.01.2013 and 25.01.2013. On 14.09.2011, the petitioner initiated the work in pursuance of the work order dated 13.09.2011. Subsequently, on 0....

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....nforming that in the event of their failure to pay the dues, the petitioner will initiate appropriate legal proceedings for winding up after three weeks from the date of receipt of the said notice by the respondent. The respondent was also informed to treat the said demand notice as a statutory notice under Section 434 of the Companies Act, 1956. Despite of the receipt of such notice, it is the contention of the petitioner that the respondent failed to comply to the demand or reply to the said notice. It is further their case that as there is failure to pay the money due the respondent is deemed to unable to pay the dues to the petitioner. Accordingly, it is the contention of the petitioner that the respondent is indebted to pay to the peti....