TMI Blog2015 (6) TMI 1248X X X X Extracts X X X X X X X X Extracts X X X X ..... t was made as stated by the petitioner, and therefore, as per the provisions of the Companies Act, the respondent company shall be deemed to be unable to pay the debts. From the dispute raised by the respondent-company it can be said that such dispute is nothing but an after thought, and therefore, this court is of the opinion that the same cannot be termed as bonafide and reasonable dispute - this Court is left with no option, but to admit this petition - Petition admitted. - Company Petition No. 293 of 2013 - - - Dated:- 29-6-2015 - Honourable Mr. Justice Vipul M. Pancholi Mr. Pavan S Godiawala, Advocate For the Petitioner(s) No. 1 Dhruvik K Patel, Advocate For the Respondent(s) No. 1 ORAL ORDER 1. This petition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t paid certain amount to the petitioner, however, thereafter no payment was made. 5. Learned advocate Mr. Pavan S. Godiawala referred to ledger account, which is produced at AnnexureA with the compilation and invoices raised by the petitioner. Learned advocate thereafter referred to the statutory notice issued by the petitioner-company to the respondent. The said notice was issued on 5.8.2013. It is the case of the petitioner that the said notice is duly served to the respondent-company . However, the respondent-company has neither made the payment, nor gave any reply to the statutory notice and thereby the respondent has failed and neglected to pay the outstanding dues of the petitioner-company. 6. Learned advocate Mr. Pavan S. Godia ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the respondent company lost its substratums. 10. Learned advocate Mr. Patel further submitted that in fact the petitioner has never supplied the goods as alleged in the petition to the respondent company. Invoices were issued to enable the petitioner to raise finance from the concerned bank, and therefore, at no point of time the petitioner ever sold the goods to the respondent company, and therefore, the respondent company has no obligation to pay the alleged outstanding dues of the petitioner. 11. Learned advocate for the respondent, therefore, submitted that the dispute raised by the respondent-company is bonafide and genuine, and therefore, this petition is not maintainable, and accordingly the same may be dismissed. 12. Lear ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any it can be said that such dispute is nothing but an after thought, and therefore, this court is of the opinion that the same cannot be termed as bonafide and reasonable dispute. In the facts and circumstances of the case, this Court is left with no option, but to admit this petition. Accordingly, the following order is passed. 16. ADMIT 17. The Official Liquidator attached to this Court is appointed as provisional liquidator. The provisional liquidator shall take charge and custody of the assets, the properties, the books of account and the record of the respondent company after drawing inventory and a panchnama. 18. By way of an interim relief, the respondent company is restrained from alienating and/or disposing of any of its ..... X X X X Extracts X X X X X X X X Extracts X X X X
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