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2015 (7) TMI 378 - HC - Companies LawWinding up petition - outstanding dues to the petitioner - only reason for the petitioner stopping and withdrawing the men and machinery from the work site was non-payment of bills by the respondent. - Held that:- the debt claimed by the petitioner is an undisputed debt and the denial of debt by the respondent can be characterised as a moonshine or a cloak, spurious, speculative, illusory or misconceived. This point is accordingly answered against the respondent. The petitioner is not a privy, to the alleged understanding between the respondent and the State Government. There is no whisper in the contract that the respondent is a mere name lender or a facilitator for the Government to get the work executed. The respondent alone being the party to the contract between itself and the petitioner, it cannot escape from the consequences of default in payments. If the respondent is unable to persuade its purported mentor, namely, the State Government concerned, it is bound to suffer the peril of the consequence of non-payment of the admitted debt. This point is accordingly answered against the respondent.
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