CO.PET.--190/2016. Case: JIANGSU TRIGIANT TECHNOLOGY CO. LTD Vs. SPACE TELELINK LIMITED. High Court of Delhi (India)
| Case Number | CO.PET.--190/2016 |
| Citation | NA |
| Judgement Date | May 25, 2018 |
| Court | High Court of Delhi (India) |
$ĈP-43 * IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision : 25.05.2018 + CO.PET. 190/2016
JIANGSU TRIGIANT TECHNOLOGY CO. LTD...... Petitioner
Through Mr.Preet Pal Singh, Adv.
versus
SPACE TELELINK LIMITED ..... Respondent
Through Mr. Rajesh Kumar, Adv.
CORAM:
HON'BLE MR. JUSTICE JAYANT NATH
JAYANT NATH, J.(ORAL)
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This petition is filed under Sections 433(e) and 434 of the Companies Act, 1956 seeking winding up of the respondent Company.
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The case of the petitioner is that the petitioner is a supplier of cables. The respondent approached the petitioner with an offer to the said goods on a credit of 60 days from the bill of lading. The offer of the respondent was accepted. The respondent placed three purchase orders the petitioner between 08.01.2014 to 11.02.2014 for a total of USD 224,960. It is the case of the petitioner that they have sold, supplied and delivered the said goods to the respondent in accordance with the specifications. Petitioner raised three invoices i.e. Invoice No.
dated 10.01.2014, Invoice No. TG-13025 dated 14.01.2014 and Invoice TG-14001 dated 27.02.2014. It is pleaded that despite delivery of the goods, the respondent failed and neglected to clear the outstanding amount.
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Reliance is placed on an e-mail dated 01.07.2014 received from respondent whereby the respondent has stated that they have not got shipment cleared from the Customs due to some internal issues, though shipment got cleared last week. They promised to pay for all the shipments. Reliance is place on another e-mail dated 26.09.2014 the respondent promised to pay the dues. Thereafter, the petitioner statutory legal notice under Sections 433 and 434 of the Companies
07.11.2014. As there was no response from the respondent, the winding up petition has been filed.
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In the reply that was filed by the respondent it has taken a stand the debt is a bona fide disputed and the present winding up petition be used as a mechanism for recovery of the amount. It has been pleaded that only the goods pertaining to Invoice No.TG-14001 dated 27.02.2014 been delivered to the respondent Company and the goods pertaining to other two invoices have not been delivered. It is pleaded that the respondent already paid a sum of USD 10,000. It is also stated that the respondent willing to pay the balance amount regarding the third invoice No. TG-14001 dated 27.02.2014 as the goods regarding the said invoice only have received by the respondent.
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I have heard learned...
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