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2014 (11) TMI 1185 - CALCUTTA HIGH COURTWinding up petition - substantial delay in execution of the work by the petitioner - Held that:- Company’s defence raised in the affidavit-in-opposition is substantially at variance from the company’s defence alleged in its reply to the statutory notice. Whereas in the reply to the statutory notice the company contended that no extra work was awarded to the petitioner, in its affidavit-in-opposition the company admitted that additional work was, in fact, awarded to the petitioner. Company contends that there was substantial delay in execution of the work by the petitioner for which the company is in the process of filing a suit claiming damages, however, till date no such suit has been filed. Also significant that the company’s cheques amounting to ₹ 92,38,399/- were dishonored upon presentation. The company claims that after the cheques were dishonored a sum of ₹ 1,32,81,250/- was paid by it to the petitioner but it is not clear whether such payment was wholly in respect of the contract for supply of fixture and furniture or whether part of it was in respect of the ID Works contract. In case such deposit is made, the Registrar, Original Side will invest the sum in a fixed deposit in a nationalized bank of his choice. In case, the deposit is not made as directed, the winding up petition shall stand admitted and the petitioner will be at liberty to publish advertisement once in ‘The Telegraph’, English edition and once in ‘Ananda Bazar Partika' within four weeks from the date of admission of this winding up petition. The deposit is made by the company as directed above and the petitioner does not file a suit within four weeks, thereafter, the winding up petition shall stand dismissed and the company will be at liberty to withdraw the amount deposited by it with the Registrar, Original Side of this Court. Let this matter appear under the heading “adjourned motion” in the monthly list of January, 2015 before the Company Court for further orders.
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