TMI Blog2018 (2) TMI 1502X X X X Extracts X X X X X X X X Extracts X X X X ..... r dated 22nd July, 2016, as affidavits enclosing therewith relevant information and documents were not filed. Order dated 19th January, 2017 had directed the Managing Director to be present, failing which, the Court would be constrained to take coercive steps. This was also noticed in the impugned order. Admittedly, the Managing Director of the appellant company was not present. It is stated that Jatinder Singh Bagga and his son Shiv Karan Bagga are Directors of the appellant company and Shiv Karan Bagga has suffered kidney failure. We can understand the difficult and hard times being faced, but we cannot accept repeated and prolonged failure on the part of the appellant company and its Directors to file reply, and then comply with the o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t entire set of pleadings and documents filed before the Company Court. Relevant court orders were not enclosed. The appellant has thereafter filed documents. 5. Company judge vide Order dated 22nd July, 2016, had imposed costs of ₹ 22,000/- on the appellant for 222 days delay in filing and taking the reply to the winding up petition on record. Another opportunity to pay costs was granted by the Company Judge vide order dated 19th January, 2017. Yet, the said costs were not paid till the impugned order was passed on 24th May, 2017. In these circumstances, the reply filed by the appellant did not come on record and, therefore, cannot be taken into consideration. 6. The second default on part of the appellant as noticed in th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent by the appellant to the respondent, enclosing a copy of the statement of accounts. The appellant had acknowledged and accepted that ₹ 12,00,155/- (possibly wrongly mentioned as ₹ 12,37,780/- in the impugned order) was due and payable. The amount includes ₹ 2,72,408/- and ₹ 5,00,000/-, for which the appellant had issued two cheques, dated 9th September, 2013 and 5th November, 2013, drawn on Corporation Bank and Axis Bank, respectively. These cheques, along with another cheque dated 26th August, 2013, drawn on Corporation Bank for ₹ 3,04,716/-, were lost and were not encashed. The appellant had asked for an indemnity from the respondent to issue fresh cheques. The appellant had subsequently paid ₹ 3, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the impugned order dated 24th May, 2017 was passed. There was also non-compliance of the order dated 22nd July, 2016, as affidavits enclosing therewith relevant information and documents were not filed. Order dated 19th January, 2017 had directed the Managing Director to be present, failing which, the Court would be constrained to take coercive steps. This was also noticed in the impugned order. Admittedly, the Managing Director of the appellant company was not present. 11. It is stated that Jatinder Singh Bagga and his son Shiv Karan Bagga are Directors of the appellant company and Shiv Karan Bagga has suffered kidney failure. We can understand the difficult and hard times being faced, but we cannot accept repeated and prolonged failur ..... X X X X Extracts X X X X X X X X Extracts X X X X
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