Calcutta High Court
Green Concretex Rmc Products Ltd vs Swati Dhandhania on 25 July, 2016
Author: Soumen Sen
Bench: Soumen Sen
CP No.317 of 2014
IN THE HIGH COURT AT CALCUTTA
Original Jurisdiction
ORIGINAL SIDE
GREEN CONCRETEX RMC PRODUCTS LTD.
-AND-
SWATI DHANDHANIA
Appearance:
Mr. Aniruddha Mitra, Adv.
...for the petitioner.
BEFORE:
The Hon'ble JUSTICE SOUMEN SEN
Date : 25th July, 2016.
The Court : The claim in the winding up petition is arising out of price of goods sold and delivered. Pursuant to the orders placed by the company from time to time between 6th February, 2012 and 26th April, 2012, the petitioner sold, delivered and supplied diverse quantities and qualities of lubricant and hardware materials aggregating to a sum of Rs.2,11,168/- inter alia, on terms and conditions that the aggregated price would be paid within 30 days of delivery of materials. The purchase order and the delivery challans show that the materials worth Rs.2,11,168/- was supplied to the company. In view of the failure and neglect on the part of the company to pay the aforesaid sum, a statutory notice was issued in 30th October, 2013 demanding payment of the said sum of Rs.2,11,168/-.
2
The company in spite of receipt of the said notice did not respond to the said notice. The company appeared and filed an affidavit-in-opposition. In the opposition, the company did not dispute the supply of the materials. The company, however, put forward a defence of inferior quality and short supply. Such allegations have remained unsubstantiated. Such allegations are vague and not supported by any document. There is no contemporaneous evidence to show that the company has raised any dispute either with regard to the quality or quantity of the materials.
Under such circumstances, the winding up petition is admitted for a consolidated sum of Rs.2.15 lakh. In the event the company pays off the aforesaid sum within a period of three months from the date of receipt of a written demand appending a copy of this order, the petition shall remain permanently stayed.
In default, the petition will be advertised once in 'The Statesman' and once in 'Aajkal'. The advertisements should indicate that the matter will appear before the Court on the first available working day after the expiry of a period of four weeks from date of the publications being made. Publication in the official gazette shall will stand dispensed with.
(SOUMEN SEN, J.) A/s.