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2019 (5) TMI 921 - HC - Companies LawWinding up of the respondent Company - debt remains due and payable by the respondent and is not paid inspite of issuing notices to respondent - whether the goods supplied by the petitioner remained defective? - HELD THAT:- One thing strikes out immediately. If the goods supplied by the petitioner remained defective, the respondent ought to have returned the goods back to the petitioner. It cannot continue to retain the goods without making the full the payment thereof. In the present case, one cannot help but notice that substantial payments have already been made by the respondent to the petitioner. What is left, is a small amount as compared to the original purchase orders. That apart, the communication dated 11.11.2012 clearly shows that the respondent had accepted its liability to pay to the petitioner - also there was no response to the legal notice dated 26.05.2014 sent by the petitioner. The defence set up by respondent is not a bonafide defence. The application is admitted - 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 - Petitioner shall deposit a sum of ₹ 75,000/- towards cost of the publication with the Official Liquidator within 2 weeks, subject to any further amounts that may be called for by the liquidator for this purpose, if required. List on 05.08.2019.
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