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TMI Blog2018 (9) TMI 203X X X X Extracts X X X X X X X X Extracts X X X X ..... ce. At the outset, it is submitted on behalf of the respondent petitioning-creditor that the petition has been advertised and, as such, the appeal against the order of admission is infructuous. There is no law that prohibits an appeal from an order admitting a winding-up petition to be taken up or disposed of after the winding-up petition has been advertised. However, certain safeguards have to be maintained. If the appeal were to be allowed and the order set aside, no other safeguard is necessary. However, if the appeal is not allowed in full and any direction is issued for payment, such payment has to be made upon notice to all the creditors since the matter has partaken a representative character. The principal amount of Rs. 83 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the goods supplied by the respondent did not adhere to the specifications and contemporaneous complaints had been lodged by the appellant. The e-mail of March 28, 2015 is placed as it referred to "poor quality of the board" supplied by the respondent to the appellant. According to the appellant, the thickness of the board supplied is of paramount importance in its business since cartons of several kinds cannot be manufactured without just the right thickness of the board being adhered to. The appellant contends that not only was the respondent put on notice in such regard, it is evident from the correspondence referred to above that the respondent had agreed to put the consignor or who effected the supplies on behalf of the respondent on no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not effect any further supply and called upon the appellant herein to pay up the amount due. The company Court also noticed that the appellant herein had instituted a suit against the respondent herein, seeking a declaration that no money was due or owing from the appellant to the respondent and also claiming damages. It is submitted by the respondent that since the suit is utterly bogus, nominal court-fees were paid and it was only upon the respondent applying for rejection of the plaint, that the court-fees payable were tendered at the thereat of the suit being dismissed otherwise. The company Court completely disbelieved the defence and observed that merely because a company, upon receipt of a statutory notice of demand, institu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... remain undisputed to the respondent in course of the matter being taken up at the post-advertisement stage before the company Court. If there are other creditors who join in the fray and seek the company to be wound up, since the petition had attained a representative capacity, the claims of such other creditors have also to be assessed. However, in respect of the money claimed on account of the three invoices which are disputed by the appellant herein, the total amount covered by such three invoices will have to be deposited with the Registrar, Original Side, for the same to be held as security till the disposal of the appellant's suit in Sealdah. In addition, since the C-Forms of total value of Rs. 7,44,027/- have been carried by the ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he respondent herein will be made after the adjudication of the claim of such other creditors so that there is no fraudulent preference. ACO No.27 of 2018 and APO No.239 of 2018 stand disposed of. There will be no order as to costs. The respondent is directed to keep the appellant informed as to the claim of refund on account of furnishing the relevant C-Forms. The respondent will issue notices every fortnight informing the appellant of the status of the refund. Immediately upon obtaining the refund, the respondent will be obliged to inform the Registrar, Original Side, so that the extent of the refund gained by the respondent can be made over from the amount held by the Registrar by way of security. The deposit or the balance dep ..... X X X X Extracts X X X X X X X X Extracts X X X X
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