9911796707
TMI Blog2003 (5) TMI 423X X X X Extracts X X X X X X X X Extracts X X X X ..... ets of the respondent company in the charge of the Official Liquidator attached to this Court immediately, even during the proceedings, and that the Official Liquidator be directed to make payment of the petitioner of the amount of dues along with interest at the rate of 18 per cent per annum till the date of realization. Award of costs has also been prayed for. 3. In the petition it is alleged that the chemicals costing Rs. 1,64,277 was purchased by the respondent-company from the petitioner. In para No. 6 of the petition the petitioner stated that he sold and the respondent company purchased the chemical goods and regarding this he maintained accounts in the books and a Statement of Account and bill was sent to the respondent company ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under is not paid, the petitioner will file winding up petition against the respondent company. Ex.2 is the notice dated 17-10-2002 and the petitioner has not produced any material to prove the receipt thereof by the respondent company. In this notice certainly it is mentioned that in case the amount is not paid the winding up petition may be filed. Ex.4 is the Courier Receipt and it is also not signed by the addressee nor does it disclose what was the document sent through the courier. Not only this there is nothing on record to establish that document Ex.2 was sent through this courier by the petitioner. It is also not there in the document Ex.4 that it has been sent to the respondent company. From these three notices one thing is clear t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ny court a court for recovery of the dues under the garb of the winding up petitions. 7. One of the requisite condition for entertainment of winding up petition is that on the date of filing of the petition the suit for recovery of the alleged debt against the company is within limitation. The petitioner has deliberately and purposely concealed from the court the document, the statement of accounts and bills/invoices have where these documents are submitted, it would have been exposed that the suit for recovery of the alleged amount of the costs of chemical goods due to the respondent company, has already become barred by limitation. For non-filing of these basic documents of the claim i.e., bill/invoices and the statements of account ..... X X X X Extracts X X X X X X X X Extracts X X X X
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