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2014 (5) TMI 864 - DELHI HIGH COURTWinding up of company - Inability to pay debts - Respondents contends that only partial amount is due to them - Held that:- services were provided by the petitioner to the respondent company and the respondent is liable to pay for the services being provided to the respondent. However, the respondent company has disputed the amount claimed by the petitioner is due and payable by the respondent - invoices for the month of August, 2011 could not be raised as the services of the petitioner were terminated in the month of July, 2011. The said contention is liable to be rejected in view of the e-mail dated 16.09.2011 sent by the respondent to the petitioner. The respondent company, by an e-mail dated 16.09.2011, has terminated the service of the petitioner with effect from 16.09.2011 - It is also well settled that proceedings under Section 433(e) cannot be used by a creditor as a means for recovery of its dues - Following decision of Amalgamated Commercial Traders (P.) Ltd. v. A.C.K. Krishnaswami and Anr.: [1965 (1) TMI 16 - IN THE SUPREME COURT OF INDIA] - It cannot be held that Respondents is unable to pay its debts - Therefore, petitioner may institute appropriate proceedings for recovery of the dues claimed by the petitioner - petition dismissed - Decided against Petitioner.
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