Home Case Index All Cases Companies Law Companies Law + HC Companies Law - 2018 (9) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (9) TMI 156 - HC - Companies LawWinding up of the company for non-payment of its dues - Held that:- It is interesting to note that none of the purported debit notes of the company does not mention any particular invoice of the petitioner. When the petitioner’s claim against the company in this application relates to the eleven invoices dated from September 25, 2014 the minutes of the meeting held between the representatives of the respective parties on September 06, 2014 relied upon by the company is of no significance. Even the invoices mentioned in the electronic mail dated March 28, 2015 disclosed by the company as Annexure-“D” to its affidavit are different invoices and do not form part of the petitioner’s claim in this application. But for the said purported debit notes, the liability of the company to pay ₹ 7,44,027 for non issuance of the Sales Tax C-Form to the petitioner as claimed in this application is not in dispute. Now, I have already found that the company has not been able to prove receipt of any of the said purported debit notes by the petitioner. Therefore, the company has to pay the claim of the petitioner for not issuing the “C” Forms. Winding up application against the company is admitted for ₹ 83,29,206/- (Rs. 75,85,179/- on account of the outstanding eleven invoices plus ₹ 7,44,027/- on account of non-furnishing of C-Forms) with interest thereon, at the rate of 8 per cent, per annum from the date of the statutory notice, that is, April 09, 2015 till payment is made. The petitioner is directed to publish the advertisement of this application once, in the English newspaper ‘The Statesman’ and once, in the Bengali newspaper ‘Bartaman’. The advertisements should indicate that the matter will appear before Court on the first available working day after the expiry of a period of three weeks from the date of the publications being made. However, publication in the official gazette will stand dispensed with.
|