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TMI Blog2015 (9) TMI 1254X X X X Extracts X X X X X X X X Extracts X X X X ..... nsel appearing on behalf of the petitioner submits that the petitioner company was approached by the respondent-company for purchase of chemical materials known as Mosstanol-L and Mosstanol-120 and accordingly, the respondent CP No.93 of 2013 -2- company placed the purchase order. He further submits that respondent-company had been purchasing the materials from the petitioner-company since 2007. The copy of the purchase order dated 09.07.2012 to 13.09.2012 have been placed on record as Annexure P-4 (Colly.). Alongwith Rejoinder, the petitioner-company has placed on record the purchase order pertaining to the year 2007 to 2011. He further referred that the entire material was duly received accepted by the respondent-company without any objection and the total price of the material amounting to ₹ 77,83,191/- was duly supplied but the respondent-company has only paid a sum of ₹ 5,00,000/- through cheque and therefore amount of ₹ 72,83,191/- is still outstanding. He further referred to the telephonic reminders and as well as E-mail dated 29.10.2012 sent by the petitioner-company to the respondent-company and the said E-mail has been duly replied by the respondent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ave any cause of action to invoke the jurisdiction of the Companies Court for seeking winding up and in case any dispute exists the petitioner-company has file efficacious remedy to civil suit by invoking provision of Section 9 of the Code of Civil Procedure and the Civil Court would have a jurisdiction to try the disputed question of the fact. In support of his contention, he has referred to the judgment of High Court of Gujarat in Asim Pharmachem Industries Versus Nilsin Ultrachem Ltd. decided on 06.08.2012 to contend that Company Court should not pass a winding up/admission order in a routine, where it has prima-facie been proved that the petition has been filed with a view to harass the respondent-company. Another judgment of this Court has been cited i.e. Tata Davy Ltd. Versus Steel Strips Ltd. 1994(3) R.R.R. 84 to contend that where the respondent-company has raised a bona fide dispute, winding up proceedings are not to be used without a normal alternative remedy of realizing the debt as available. Mr. Gopal Sharma, learned counsel appearing on behalf of petitioner in rebuttal submitted that in rejoinder, the petitioner-company has specifically stated that dealing with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Total 5334000.00 (Rs. Fifty three lac Thirty Four Thousand Only) Billing/Delivery Address: Vaanix Industries Pvt. Ltd., G1-682, Industrial Area, Khuskhera Distt. Alwar (Rajasthan) 301 707, ECC No. AADCV1134GEM002. Range -IV, Divn. - Bhiwadi Comm. Jaipur TIN 08904201370 Terms Conditions Excise : CVD 8.54 8.04 respectively. Sales Tax : 2% Against Form- C Delivery period : Immediate Delivery : Ex-Kandla Payment : 60 days from the date of delivery. Special Term : If goods not found as per specification, goods sh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... your are requested to collect your material from our ends. Regards Shreeniwas Singh From: harish {[email protected]} Sent: 21 November 2012 13:18 To: [email protected] Cc: [email protected];Suman Jha; atul Subject: Fw: Excess Material With reference to ur below mail regarding Mosstanol L Mosstanol 120 Stocks lying with u, it is not due to any fault on our part, we had supplied the material on ur confirmed purchase order and as per our request. So any wrong decision on our part is to be handled by u and it is ur responsibility and look out. But still as considering ur position, we are ready to support and accommodate by agreeing to accept the payment in parts. So kindly arrange to release of our total o/s of ₹ 77,83,191 in small lots of 5-10 lacs every week so that our finance is not blocked totally and at the same time u r also not burdened with such big amount release in one go. Further also take note that our new Mosstanol price is on higher side with difference of 7-8 Rs. Which will beneficial to u. We hope this proposal will be helpful as we have tried our level best to support accordingly. Request to respond. Regards Harish Na ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... derstand the product and thereby expanding our business. The goods which was lying for so ling due to complain incurred from our existing customers mainly from printing has been detailed to other industries like ink and paint, the result of which the liquidation has started and hope we get these liquidated by January. As being discussed we have some technical issues and we are working to resolve this by 10th of January and hereafter we start executing your payment, we hope to execute approx. ₹ 25 lac in January and balance in Febraury. I understand the gravity of the situation and sincerely thank you for your co operation. Best Regards, Navin On 12-Dec-2012, at 2:17 PM, harish wrote: We refer to meeting with our Director Mr. Atul Thakkar at your Guragaon office and as per discussion following things was agreed and confirmed viz. 1. That upto 10th January 2013 every week u will try to release payment of ₹ 5 lacs each. 2. From 10th January 2013 onwards maximum will be released and our total outstanding will be cleared accordingly. And this arrangement has been agreed due to your financial problem in machinery business and u needed some time for cle ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce August, 2012. We are waiting for payment from our buyer, meanwhile we are also working with our Banker to enhance the existing limit, once it is done and whenever money comes from the market we will execute in your favour. We are not the company which will run away or may be diluted where there to stay but we need your support for clearance of these dues. We hope you understand and cooperate. Best regards Suman For Vaanix Industries Pvt. Ltd. Mobile: +91 9350245889 From: harish To: Suman ; [email protected] Cc: [email protected] ; Atul Thakkar Sent: Tuesday, February 05, 2013 1:25 PM Subject: RE: Payment Taken note but as already informed that we have supported and accommodated u to our maximum extent but now we are in dire financial need as we are getting default in our commitment and we are facing lot of financial crunch. So u have to arrange for clearance of our longdue o/s on priority basis as we are in dire need. So kindly confirm the payment schedule so that we can plan accordingly. Regards Harish Nayak Venus Petrochemicals (B) P. Ltd. 401-403, Zafryn Chambers, Opp. Sewri Railway Station, Sewri Koliwada Road, Sewri (East ..... X X X X Extracts X X X X X X X X Extracts X X X X
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