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2016 (12) TMI 1360 - RAJASTHAN HIGH COURTWinding up petition - outstanding dues - Held that:- The payments made through cheques detailed in the reply have not been shown to be even remotely related to the specific invoices for which the due outstanding amount has been claimed by the petitioner company in its statutory notice under Section 434(1)(b) of the Act of 1956 and in this winding up petition. There was admittedly a business relationship between the petitioner and the respondent companies for over three years to a tune of ₹ 7.5 crores turnover and about ₹ 6.5 crore was indeed paid by the respondent company. The winding up petition has been filed only for ₹ 1,00,54,187.24. The defence based on commission due (non specified) for supply of computers/ equipments to Modi Institute of Technology and Science and price of a computer supplied to one Siddarth Raval are ludicrous if not pathetic. The reply to the statutory notice under Section 434(1)(a) of the Act of 1956 on behalf of the respondent company effectively admits large parts of amounts due. In the facts of the case,it is of the view that the defence to the winding up petition is not based on a bonafide dispute substantial or otherwise. It appears to be meritless. The respondent company M/s. Sequel Infocom Private Limited has prima facie neglected to pay its debt despite a statutory notice under Section 434(1)(a) of the Act of 1956 without a bonafide dispute at all being made out and thus in the eyes of law is prima facie deemed to be insolvent. The petition is in the circumstances admitted. The Directors of the respondent company M/s. Sequel Infocom Private Limited are directed to file a statement of affairs of the company as of 31-3-2016 and furnish their current addresses. The citation of admission of winding up petition being admitted be published in two daily newspapers, one in vernacular and the other English i.e. Dainik Navjyoti, Jaipur Edition and Times of India, New Delhi Edition respectively. The citation be also published in the Official Gazette. All costs towards publication to the account of the petitioner company.
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