+ CO.PET.363/2012 & CA 1446/2012
KARAN AGARWAL ..... Petitioner
versus
M/S PRL PROJECTS & INFRASTRUCTURE
LTD. .... Respondent Advocates who appeared in this case:
For the Petitioner : Mr Anil Goel.
For the Respondent : Mr Jaspreet S. Rai.
Mr Rajiv Bahl for Official Liquidator.
CORAM:-
HON'BLE MR JUSTICE VIBHU BAKHRU
JUDGMENT
VIBHU BAKHRU, J (ORAL)
1. This is a petition for winding up of the respondent company under section 433(e) of the Companies Act, 1956 (hereinafter referred to as the 'Act'). It is alleged by the petitioner that a sum of `22,73,236/- was due and payable by the respondent to the petitioner for supply of goods (scaffolding and shuttering materials). The respondent disputes that any amount is due and payable to the petitioner and alleges that all payments have been made to the petitioner except for the material which was found to be defective.
2. The controversy to be considered in the present case is whether the defence raised by the respondent is bonafide or a sham defence.
CO.PET.363/2012 Page 1 of 7
3. The learned counsel has contended that the goods in question were supplied by the petitioner to the respondent during the period 07.12.2010 to 14.06.2011. The learned counsel has also drawn the attention of this Court to the invoices raised by the petition