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2015 (4) TMI 110 - DELHI HIGH COURTPetition for winding up under Section 433(e) - Goods found defective and returned - Rejection note, Debit note and Carrier's receipt - Held that:- Since disputed questions of fact arise in the present petition which would require the parties to lead evidence on the issue of genuineness or otherwise of the Rejection note, Debit Note and the Carrier's Receipt, in my view, the present petition would not be maintainable and the parties would have to prove their respective case before a competent civil forum. The Petitioner has already filed a suit for recovery. These aspects would be considered by the Civil Court before whom the said suit has been filed.The Petition is accordingly dismissed as not maintainable. The Petitioner would be at liberty to pursue its remedy before the Civil Court. - Petition dismissed.
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