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2015 (3) TMI 328 - CALCUTTA HIGH COURTApplication for winding up - Part payment denied on the ground that material was of poor quality - Held that:- Part payments made by the company to the petitioner as contended by the petitioner has not been denied by the company. In paragraph 8 of the winding up petition the petitioner has furnished the particulars of the part payments made by the company. In its affidavit in opposition the company has not denied or disputed such particulars. It is, thus, established that the company did make payment of ₹ 4,82,565.60 to the petitioner. Had the company rejected the goods supplied by the petitioner, there could have been no question of making such part payment. The stand taken by the company in the reply to the statutory notice and in its affidavit in opposition is completely inconsistent with the company having made part payment to the petitioner. The defence sought to be raised by the company does not appear to be bona fide. It is merely an afterthought to avoid payment of the petitioner’s outstanding dues. In the premises, this company petition is admitted for a sum of ₹ 54,593.32 being the principal amount claimed by the petitioning creditor. The sum will carry interest at the rate of 12 per cent per annum from 19th September, 2013 being the date when the winding up petition appears to have been filed. However, the company is given an opportunity of paying the said principal amount along with the aforesaid interest by 15th November, 2014 if such payment is made, this order of admission of the winding up petition shall remain permanently stayed. There will be an unconditional stay of this order till 15th November, 2014. - Winding up application accepted conditionally.
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