Heard Mr.Mitul R.Desai, learned advocate for the petitioner. It is submitted that the respondent had placed a Purchase Order for supply of 100 Top Rings / Flange and the delivery of the material was to be made as per the given Schedule. It is further submitted that as per the Delivery Schedule, the petitioner supplied 50 Top Rings to the respondent-Company, upto 15.06.2011. However, as per the Schedule, the remaining 50 Top Rings which were to be lifted by the respondent by 15.07.2011, were not lifted. Though some payment was made over a period of time for the 50 Top Rings supplied earlier, no payment has been made by the respondent for the remaining 50 Top Rings. It is further submitted that the total amount due to the petitioner from the respondent-Company is Rs.19,77,034/-, with interest. It is submitted that Debit Notes have been raised by the petitioner for this amount with interest at the rate of 18%, till the date of payment. That, the petitioner has sent several e-mails to the respondent and, in reply, the respondent has admitted its liability to pay the petitioner, but no payment is forthcoming. The petitioner has issued a statutory notice dated 06.09.2012, to the respondent which has been received as per the acknowledgement annexed at running page 50 of the petition. It is submitted that the respondent has not replied to the notice or made payment of the amount due to the petitioner till date and, as the respondent-Company is unable to pay its debts and is commercially insolvent, it deserves to be wound-up.
Issue Notice returnable on 20.12.2012.
(Smt.
Abhilasha Kumari, J.) (sunil)