SANJIB BANERJEE,J. - (1.) The appeal is directed against an order dated May 8, 2018 by which a creditor's winding-up petition has been admitted for a sum of Rs. 12,12,815/- with interest at the rate of 9 per cent per annum.
(2.) According to the appellant, the present management of the appellant company took over the reins of the company sometime in March-April, 2015. The appellant relies on an agreement between the present management of the Desais and the previous management of the Kanois under which certain representations were made by the Kanois as to the state of affairs of the company and as to its financial position. In response to the statutory notice of May 5, 2015 issued by the respondent-petitioning creditor, the appellant claimed in its letter of May 26, 2015, inter alia, that the petitioning creditor may have been set up by the Kanois to make the claim and that in the books of accounts pertaining to the company as made over by the Kanois to the Desais at the time of take-over of the management of the company, the dues of the petitioning creditor were not reflected.
(3.) The petitioning creditor relies on the payment undisputedly having reached the company as it was through RTGS and an agreement of May 23, 2014 apparently between the petitioning creditor and the company when the company was under the control of the Kanois.;