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2017 (7) TMI 879 - HC - Companies LawWinding-up petition - failure to pay debts = Service of Notice - Installation and commissioning charges - The petitioner had sent various reminders/requisitions to clear the outstanding but to no avail and despite promises by the respondent no payment was made and hence a statutory notice dated 28.03.2015 was sent to the respondent company both at its registered office address and its corporate office address. The notice sent at the registered address returned with remark left without address; however on 29.03.2015 the statutory notice sent to the corporate office was duly served - Held that: - this e-mail was sent a year after the installation and still it only raises an apprehension that the plastic mesh may break. Such an apprehension was even removed by the petitioner as is evident from its e-mail dated 05.03.2014 (Annexure P) wherein the petitioner talks about visiting the Haridwar plant of the respondent on 14.02.2014 and of changing the issue pellet with steel deck pellet and further request for clearing its dues. Even then nothing was paid. The petitioner went on sending requests to the respondent through e-mails but the respondent did not answer. Where the goods were installed and commissioned to the satisfaction of the respondent on 21.01.2013 and on 21.03.2013 and where the respondent admitted its liability on 9.12.2013 (Annexure N) but raised only an apprehension after a year of installation which was also attended to, though beyond the scope of the contract and where the respondent rather appreciated the work of the petitioner then its plea per Section 41 that it could not inspect the goods, within a reasonable period of its installation, makes no sense. The facts reveal the respondent is raising this frivolous issue after a year of receiving demand letters and is trying to wriggle out of its liability & thus have neglected to pay without any cogent, substantial or genuine ground. Petition allowed - decided in favor of petitioner.
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