9911796707
TMI Blog2010 (12) TMI 1362X X X X Extracts X X X X X X X X Extracts X X X X ..... he copy of quotation submitted by the petitioner-company to the respondent-company. The respondent-company by accepting the quotation at Annexure E placed purchase order with the petitioner-company as per Annexure F dated 19-11-2008. In terms of the purchase order at Annexure F the petitioner-company made certain supplies and the same is evidenced as per Annexure G series. Further the respondent-company as per their communication dated 20-11-2008 - Annexure H instructed the petitioner-company to make certain supplies to their sister company. In respect of the supplies made by the petitioner-company they raised invoices as per Annexure J. Despite receipt of the goods the respondent-company failed to make payment amounting to a sum of Rs. 17, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e the respondent-company entered appearance through their advocate and have not filed the statement of objections. 6. Petitioner in Co. P. No. 10/2010 contends that they sold and delivered 10.020 MT of TMT bars on 8-10-2008 valued at Rs. 4,32,463 as per the invoice at Annexure F and 10.040 MT of TMT bars valued at Rs. 4,33,326 as per Annexure G. Again on 9-10-2008 sold and delivered 15.160 MT of TMT Bars valued at Rs 6,49,576 as per the invoice at Annexure H. Again on 9-10-2008 the petitioner-company sold and delivered 14.820 MT of TMT bars valued at Rs. 6,35,007 as per invoice at Annexure J. The respondent-company towards discharge of liability issued a cheque dated 18-11-2008 for a sum of Rs. 15,15,365 and another cheque dated 27-11-2008 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent-company in respect of some of the petitioners came to be dishonoured for want of sufficient funds. This material on record manifestly establishes the fact the respondent-company is unable to pay the debts due to the petitioners. Even after admitting these petitions and taking out advertisement the respondent-company had not taken any steps to discharge the liability. In the circumstances the following : ORDER (i) Petitions are hereby allowed. (ii) The respondent-company is hereby ordered to be wound up. (iii) The Official Liquidator is appointed as Liquidator of the respondent-company. (iv) Petitioner-companies shall deposit a sum of Rs. 10,000 each with the Official Liquidator to meet the initial winding up expenses. (v) Pet ..... X X X X Extracts X X X X X X X X Extracts X X X X
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