Heard Mr. Gupta, learned Advocate for the petitioner. He has submitted that in pursuance of the order dated 17.02.2012, an affidavit dated 17.02.2012 has been filed under which the delivery challans have been placed on record.
In reply to the query that prima facie the claims appear to be time barred since the invoices on the strength of which the allegations about the respondent company's capacity to pay the debt are made, are time barred, Mr. Gupta submitted that the respondent was maintaining running account and in the interregnum i.e. after the date of invoices until the presentation of petition, part payment has been made.
Having regard to the aforesaid two contentions by the learned Advocate for the petitioner and so as to verify the said factual aspect the presence of respondent is necessary. Hence, office is directed to issue Notice returnable on 5th April 2012.
(K.M.THAKER, J.) jani Top