2018 (7) TMI 2379

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....lant seeking winding up of the respondent­company "Surbhit Impex Pvt. Ltd" under section 433 (e), 434 and 439 of the Companies Act, 1956 stands rejected. The learned single Judge in the impugned order has held that there was no material to hold that the defence which was put forward by the respondent was improbable or moonshine or bogus. The learned single Judge has held that it was not a case of a clear transaction between the appellant and the respondent, and a third party namely Mr. Vijay Hiran was involved in the said transaction between the petitioner and the respondent and thus, on facts it was not a case for the learned single Judge to exercise jurisdiction to wind up the company under the provisions of the Companies Act, 1956 an....

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....l to show that the respondent had asked the appellant to supply material to M/s Actgen Pharma Pvt. Ltd. It is submitted that the learned single Judge has carefully taken into consideration the entire correspondence and emails addressed by the appellant to one Mr. Vijay Hiran of M/s Actgen Pharma Pvt. Ltd. It is submitted that from this correspondence between the appellant and Mr. Vijay Hiran it is clear that Mr. Vijay Hiran was liable to make the payments. It is submitted that the payment was the liability of the third party namely M/s Actgen Pharma Pvt. Ltd and not of the respondent. 5. We have heard learned counsel for the parties. We have also perused the impugned order and the record. It appears, to be not in dispute that Mr. Vijay H....