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2018 (9) TMI 523 - HC - Companies LawWinding up petition - Held that:- The facts that emerge are that from April 2013 to February 2014, the respondent accepted delivery of goods without a whisper that there were some defects or the goods were not as per the purchase order. Having received and consumed the goods they failed to pay the dues. It is only subsequently after receipt of the legal notice from the petitioner for the payment of the outstanding dues which was sent on 26.06.2014 that the respondent has woken up to claim that there is some variation in the goods supplied which do not suit the business conditions of the respondent. There is no explanation why this plea was not taken when the goods were delivered. The defence which is sought to be raised cannot be said to be bona fide or prima facie valid. No doubt the learned counsel for the respondent has relied upon the two communications to plead that they have received complaints about peeling of paint. However, these complaints are received from the alleged customers of the respondent and do not generate any confidence. In my opinion, the defence raised by the respondent cannot be said to be bonafide. Accordingly, I admit the present petition. The Official Liquidator attached to this Court is appointed as the Provisional Liquidator. He is directed to take over all the assets, books of accounts and records of the respondent-company forthwith.
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