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TMI Blog2018 (4) TMI 163X X X X Extracts X X X X X X X X Extracts X X X X ..... duly received by them to their satisfaction on different occasions. Petitioner also points out to three invoices dated 16.08.2012, 10.09.2012 and 11.09.2012 respectively totalling Rs. 3,10,467/- payment of which has not been made by the respondents. Reliance is also placed on various e-mails including the email dated 28.09.2012 where the respondents have admitted that they would clear the outstanding payments in favour of the petitioner company. Further, to show their bona fide a copy of an unsigned cheque of Rs. 1,94,959/- was attached with the said e-mail as a part payment for the invoices raised by the petitioner company and an assurance was given that the said cheque will be signed once the authorised signatory resumes his office. It i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... company has already incurred tax and interest liability of Rs. 1,08,000/- which the respondents are now liable to pay. He relies upon the application filed by the respondent company being CA 1840/2016 where he points out that the photocopies of the C-Forms have been placed on record and the originals have not been supplied to the petitioner. He also pleads that photocopies are incomplete as the copy of the back side of the C-Form has not been supplied which contain details of the invoices which were supplied. 4. Learned counsel for the respondents has reiterated the contentions of the reply. He has pointed out that even in the invoices which were filed by the petitioner specially the invoice No.01.94 dated 10.9.2012 the respondents ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ability? In such a situation, is there not a duty on the Company Court to examine whether the company has a genuine dispute to the claimed debt? A dispute would be substantial and genuine if it is bona fide and not spurious, speculative, illusory or misconceived. The Company Court, at that stage, is not expected to hold a full trial of the matter. It must decide whether the grounds appear to be substantial. The grounds of dispute, of course, must not consist of some ingenious mask invented to deprive a creditor of a just and honest entitlement and must not be a mere wrangle. It is settled law that if the creditor's debt is bona fide disputed on substantial grounds, the court should dismiss the petition and leave the creditor first to es ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y the respondents that the C-Forms are due. In paragraph 6 and 7 of the reply the respondent states as follows:- "6.1 say in reply to para no.6 that the respondent are ready to supply the due C Forms. The respondent are therefore not liable to pay any tax liability. 7.1 say that the para no 7 of the petition is wrong as stated . The respondent never refused to supply the C forms . The claim for the payment was disputed. 8. In the light of this clear admission on the part of the respondents the C-Forms were liable to be delivered to the respondents for which no steps have been taken by the respondent. This is despite orders having been passed by this Court on 3.3.2014 where this court had noted the submission of the responde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at on 27.3.2017 learned counsel for the respondent had offered to deposit a sum of Rs. 1,10,000/- without prejudice to their rights and contentions by way of a pay order in favour of the Registrar General of this Court. The said amount stands deposited. 12. As far as the claim for the sum of Rs. 1,10,467/- is concerned, in my opinion, the respondent has raised a bona fide dispute. There are no clear evidence on record which would warrant an inference that the respondent company is unable to pay a debt due. 13. Learned counsel for the petitioner has vehemently stated that all the invoices are admitted. The respondent's purchase orders are also on record. He also pleads that the delivery challans and delivery acknowledgments a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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