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TMI Blog2014 (11) TMI 1292X X X X Extracts X X X X X X X X Extracts X X X X ..... ompany. Learned counsel for the petitioner submitted that the petitioner is carrying on the business of supply of medicines and surgical goods. The respondent-company is operating a nursing home. The petitioner is having dealings since 2007 regarding supply of surgical items and medicines to the respondent-company, against which payments were being made. As per statement of account (Annexure P-1) starting from 5.4.2007, as on 19.11.2012, there was a debit balance of Rs. 5,96,907.04 in the account of the respondent-company with the petitioner. Despite request, the amount was not paid. Some of the bills regarding which issues were raised by the respondent-company have been annexed. Leaned counsel further referred to communication dated 15.12 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that from the balance sheets for the years 2010-11 and 2011-12, produced on record by the respondent-company, it is evident that it is in sound financial health having a hospital. There had been regular dealings between the parties. The payments were being made as and when the bills were raised. The same was bill-wise reducing the amount of credit notes. Letter dated 15.12.2011 produced by the petitioner has no relevance as the amount mentioned therein was paid except the disputed claim. Regarding two bills No. 442 for Rs. 7,488/- and No. 735 for Rs. 2,340/-, it was submitted that since they were not found in the record of the company, the payment could not be made. However, he submitted that the aforesaid payment shall be made to the peti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has already been made after reducing the amount of discount offered and payment of two bills bearing Nos. 000909 and 000910 still remains. The same was withheld on account of loss suffered by the respondent-company. However, the respondent-company is ready and willing to make even the payment thereof. It was further submitted that the reason for filing the present petition was that on account of rude behaviour of the owner of the petitioner-firm, communications were sent by the respondent-company to the manufacturer of the surgical items for change of the dealer for supply of the material to the respondent-company. Two such communications have been annexed with the reply as Annexure R-4 dated 29.11.2011 and Annexure R-5 dated 2.12.2011. Fu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2 65,000/- Another document placed on record by the petitioner for claiming that the debt is admitted is a communication dated 15.12.2011 from the respondent-company. It is evident from the aforesaid communication that outstanding claim made by the petitioner was Rs. 52,71,434/-, whereas as per books of account of the respondent-company, the balance was Rs. 51,88094/-. Two bills bearing Nos. 442 and 735 dated 10.9.2008 and 3.12.2008 amounting to Rs. 7,488/- and Rs. 2,340/-, respectively were stated to be not received. Post-dated cheques for payment of 48,05,850/- were issued, which were admittedly encashed by the petitioner. As regards amount of Rs. 3,64,000/- pertaining AICD pacemaker, which was used in patient-Jagir Singh, it was stated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 60,047/- to ECHS. The payment has still not been made, though it is being pursued. Even though the petition is dated 5.8.2013, but still the fair stand of the respondent is that as and when the payment is received, the same shall be made to the petitioner. Mere fact that issue regarding a particular bill which is six years old is being specifically raised, itself shows that there was some dispute regarding that between the parties. Considering the totality of circumstances, where the respondent-company is ready and willing to make payment of the bills bearing Nos. 442, 735, 000909 and 000910 and considering its financial health, where it is running a hospital and earning profits, I do not deem it appropriate to direct its winding up. The a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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