9911796707
TMI Blog2010 (8) TMI 167X X X X Extracts X X X X X X X X Extracts X X X X ..... etitioner-company has filed this petition under section 433(e) of the Companies Act, 1956 (for short 'the Act') for winding up of the respondent-company. 2. Petitioner is a private limited company incorporated under the Act. The petitioner-company supplied material called Epoxy - a chemical used to fill the cracks of the granite to the respondent-company. As per the statement of accounts maintain ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... st incurred by them a sum of Rs. 2,50,000 the petitioner-company supplied material under a consignment and the same is acknowledgement by the respondents in their letter dated 3-4-2008 as per Annexure R-2 and the voucher dated 3-4-2008 - Annexure R-3. Therefore, the respondent-company disputes the claim of petitioner-company. 4. Heard arguments on both the side and perused the entire petition pap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... would be insufficient to meet its existing liabilities." 6. In the instant case, there is no plea and there is no material to show that the respondent-company is unable to pay the debt due to the petitioner-company. Further the claim of petitioner-company is denied by the respondent-company. There is no material on record to show that prima facie the respondent-company is due in a sum of Rs. 4,2 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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