TMI Blog2012 (6) TMI 497X X X X Extracts X X X X X X X X Extracts X X X X ..... an admission. It is undisputed that said application was dismissed and which order has attained finality. Hence, once the Suit Court has negatived the plea of the sister concern of the appellant, of the defence of Indian Handicrafts and the respondent Company being sham and amounting to admission, and which order had attained finality, no contrary view could be taken in the company petition - Petition dismissed. - CO. APPEAL NO. 35 OF 2012 - - - Dated:- 18-4-2012 - RAJIV SAHAI ENDLAW, J. Sunil K. Mittal, Kshitij Mittal and Pranav Rishi for the Appellant. JUDGMENT 1. This appeal under Section 483 of the Companies Act, 1956 impugns the order dated 24th February, 2012 of the learned Company Judge dismissing Co. Pet. No. 63/2001 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s a defendant, for recovery of the amounts allegedly due to M/s RMP Fabrics; ( ii ) the defence of M/s Indian Handicrafts and of the respondent Company in the said suit is the same as in the company petition; ( iii ) M/s RMP Fabrics filed an application under Order 12 Rule 6 of CPC for judgment on admissions in the said suit, again arguing that the said defence was sham and amounted to an admission; ( iv ) the said application was dismissed and which order has attained finality. The learned Single Judge has thus held that once the Suit Court has negatived the plea of the sister concern of the appellant, of the defence of M/s Indian Handicrafts and the respondent Company being sham and amounting to admission, and which order had attained fin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s against M/s Indian Handicrafts and the respondent Company. It is contended that while under Order 12 Rule 6 of the CPC, M/s RMP Fabrics, the plaintiff therein was required to show admission of liability, the test to be applied in the winding up petition is different. It is argued that the dues claimed by M/s Indian Handicrafts and against which the sum of Rs. 17,26,952/- admittedly due is claimed to have been adjusted, are on the basis of debit notes issued long after the transaction and after M/s Indian Handicrafts also had admitted liability in the sum of Rs. 4,39,976.93 to M/s RMP Fabrics. 10. We are however unable to agree. Though Order 12 Rule 6 CPC is concerned with admissions, but it has been interpreted by a Division Bench of ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
