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2013 (4) TMI 414 - CALCUTTA HIGH COURTWinding up petition - when can a winding up petition be admitted? - Petitioner had delivered goods and rendered services as a sub-contractor to company when it was undertaking work for railways - Company had admitted that it owed a sum to petitioner - Company contested that it had a substantial claim against sister concern of petitioner - Whether even if claim of company against petitioner's sister concern was accepted, company was indebted to petitioner? - Held that:- From the tenor of the letter of September 5, 2009, it would be evident that the petitioner had authority to deal with the issues between the petitioner's associate concern and the company. In the light of such letter and the contents, the company's defence cannot be rejected out of hand that the two transactions were linked and the part of it cannot be seen in isolation. Nevertheless, it appears from the company's admission that it asserted that it owed the petitioner a sum of Rs. 26,08,858 and it had a claim against the petitioner's associate concern in the sum of Rs. 22,80,646.05. Even if the letter is taken on face value and the veracity of the assertions therein are not questioned, it appears that there is an unequivocal admission by the company of it being indebted to the petitioner in the sum of Rs. 3,28,211.95 if the two figures of Rs. 26,08,858 and Rs. 22,80,646.05 are reconciled. It is the same sentiment which is reflected in the company's affidavit, whereof the figures are repeated and the company has questioned the petitioner's claim only to the extent of the same exceeding Rs. 26,08,858. Thus the petition is admitted for the principal sum of Rs. 3,28,211.95 together with interest thereon at the rate of 6% per annum from August 1, 2012 since the statutory notice was issued on July 31, 2012. On payment of such amount within four weeks from date, the petition will remain permanently stayed else petition will be advertised once in The Statesman and once in Bartaman indicating that the matter will appear before Court on the first available working day after the expiry of four weeks from the date of the publications being made. Publication in the Official Gazette will stand dispensed with.
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