9911796707
TMI Blog2018 (9) TMI 523X X X X Extracts X X X X X X X X Extracts X X X X ..... re supplied from April 2013 to February 2014. Pursuant to each supply, an invoice was raised by the petitioner which has been duly acknowledged by the respondent. It is pleaded that the petitioner is maintaining books of accounts and as per the respondent's account maintained by the petitioner in its books, an amount of Rs. 39,86,897.33/- is shown as outstanding. A legal notice was sent to the respondent on 26.06.2014. A reply was received on 07.07.2014 from the advocate of the respondent where the respondent have refused to pay the money raising some issues. 2. I have heard learned counsel for the parties. 3. Learned counsel for the petitioner has pointed out that in all 115 invoices have been raised on the respondent. He p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that this resulted in the paint on the body of the metal components/sheets of three wheelers peeling off within three months causing huge damages to the customers of the respondent. This plea has been taken for the first time when the reply to the legal notice was sent on 07.07.2014. The facts that emerge are that from April 2013 to February 2014, the respondent accepted delivery of goods without a whisper that there were some defects or the goods were not as per the purchase order. Having received and consumed the goods they failed to pay the dues. It is only subsequently after receipt of the legal notice from the petitioner for the payment of the outstanding dues which was sent on 26.06.2014 that the respondent has woken up to claim that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 establish his claim in an action, lest there is danger of abuse of winding-up procedure. The Company Court always retains the discretion, but a party to a dispute should not be allowed to use the threat of winding-up petition as a means of forcing the company to pay a bona fide disputed debt." 8. Accordingly, I admit the present petition. The Official Liquidator attached to this Court is appointed as the Provisional Liquidator. He is directed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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