SURAT PROJECTS PVT. LTD.....Petitioner Versus MICRO POLYESTER PVT. LTD.....Respondent ====================================== Appearance:
MR MAUNISH T PATHAK, ADVOCATE for the Petitioner NOTICE SERVED BY DS for the Respondent ====================================== CORAM: HONOURABLE MR.JUSTICE S.R.BRAHMBHATT Date : 27/04/2015 ORAL ORDER
1. Heard learned advocate for the petitioner. The petitioner has takenout this petition seeking windingup of the company for the facts narrated hereinbelow.
2. That the respondent company made a purchase order amounting to Rs.2,46,810/ and the same is confirmed by Mr.Navalkishore Agarwal, the authorized director of respondent company. Against the order dated 14th April 2014 made by the respondent company, the petitioner company has dully delivered the goods. It is agreed between the parties, that the payment of the goods ordered will be done in a day of delivery, the petitioner company demanded the same vide communication, as there is no complaint about the goods and quality by the respondent company. The petitioner contacted the respondent company and talked with the Director of the respondent company telephonically and personally, but no outstanding payment is paid by the respondent company.
3. The statutory notice came to be issued on 17th December Page 1 of 2 O/COMP/44/2015 ORDER 2014, despite the due service of notice, none is present.
4. Learned counsel for the petitioner, urged that the petitioner company is deliberately unable to make good the payment. The Court is of the view that let there be one more opportunity to the respondent company.
5. Hence, let there be an order of admission.
6. Admit.
7. However, publication is deferred for a period upto 17th June 2015. In case, if the company is not discharging its liability by then, it will be open to the learned counsel for the petitioner, to seek order of publication and further proceedings.
8. Putup on 18th June 2015. Copy of this order is permitted to be served upon the respondent.
(S.R.BRAHMBHATT, J.) Rathod...