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2018 (4) TMI 163 - HC - Companies LawWinding up petition - proof of debt as due under section 433(e) of the Companies Act - winding up petition has been filed as pending claim for a sum of ₹ 1,10,467/- and the second is the outstanding C-Forms for the year 2011-12 - Held that:- Despite several orders of this court the respondent has failed to supply the said C-Forms. Alongwith CA 1840/2013 the respondent had also placed on record photocopies of C-Forms. Despite this, the original C-Forms have not been handed over to the petitioner. Consequent liability would obviously will fall on the respondent. The respondents have disputed the liability saying that some of the goods were not delivered as noted in one of the delivery challans. It has also been pleaded that the rates have never been finalised as is sought to be claimed in the invoices. On the face of the facts on record, it is not possible to conclude that any debt is due to the petitioner. In my opinion the debt is bona fidely disputed by the respondent. It is settled legal position there where is a genuine dispute on the debt claimed no winding up petition would lie. A Company Court retains discretion and is not expected to hold a full trial of the matter. In the facts of this case in my opinion the present winding up petition for the claim of ₹ 1,10,0000 would not lie. Direct that on the petitioner filing an affidavit stating that on account of the assessment by the statutory authorities, a liability of Rs, 1,08,000/- has been imposed on the petitioner due to non receipt of C-form which the respondent was to supply, the sum of ₹ 1,10,000/- deposited in court by the Respondent be released alongwith accumulated interest to the petitioner which will be in full and final settlement of the dues claimed on account of non-receipt of the C-Forms
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