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2017 (6) TMI 1308 - Tri - Companies LawMaintainability of application - default occurred with regard to the amount of unpaid debt - Winding up petition - appellant submits that she has instructions not to press this appeal - HELD THAT:- The authorised quality person had cleared and approved the Channels which were dispatched only after his approval and in his presence. If the Channels supplied were defective or were of poor quality then 'Operational debtor' should have returned the same and should not have utilized by fabrication and galvanisation. Therefore we are not able to persuade ourselves to accept the defence raised in reply to a notice issued by the 'Operational Creditor' on 16.08.2016 demanding unpaid debt. Accordingly we are of the considered opinion that at the end of the 'Operation Debtor' default has occurred and the defence raised to defeat the payment of unpaid debt is moonshine and cannot be accepted. Application admitted.
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