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CO.PET. No.360/2015 Page 1 of 7

Ltd. then changed its name to International Institute of Planning and Management Private Limited and further to International Institute of Planning and Management and then to the present name i.e. Center for Vocational and Entrepreneurship Studies - the respondent company.

3. The main object of the Respondent Company was to provide educational services in different fields, particularly in the field of management under patronage of its founder/ former director Mr. Arindam Chaudhury and it had opened educational centres all over India under the name and style of IIPM.

6. The respondent company assured prompt payments and interest @ 24% p.a. on delayed payments.

7. As on February/March, 2013, 720 laptops were supplied at different locations all over India as per respondent's instructions for an aggregate price of Rs.1,86,48,000/-.

8. The invoices were raised in the name of IIPM (International Instiute for Planning and Management) at its registered office at Satbari and it were duly acknowledged by the IIPM. The respondent company issued 12 post dated cheques for the payment of aforesaid amount of Rs.1,86,48,000/- and promised to clear the payments by January, 2014. The respondent company vide an e- mail 14.02.2013 sent the details of the post dated cheque to the Petitioner Company with a scanned copy of the cheques. However, it committed defaults and its cheques started getting dishonoured and it only made payment of Rs.20,00,000/- till 29.04.2013.

11. The main contention of the learned counsel for respondent is that IIPM is a society and whereas Indian Institute of Planning and Management is a different entity and that the petitioner had filed this petition against a wrong entity, viz International Institute of Planning and Management, though the purchase order was placed by IIPM and all invoices were raised in the name of IIPM. However, learned counsel for respondent admitted that the registered office of IIPM - the society is at Katwaria Sarai, Delhi and whereas the registered office of Indian Institute of Planning and Management is at Satbari and that the purchase order as also all invoices bear the registered address of the respondent located at Satbari, meaning thereby the order was placed by this very respondent and all invoices were raised in its name.

12. Further, admittedly the financial accounts of Centre for Vocational and Entrepreneurship for the year ending on 31.03.2014 show an amount of Rs.89,48,000/- due to the petitioner in the list of the creditors of the company with complete address of the petitioner company. If the company to whom the goods were supplied was different then why the respondent company had shown the petitioner as its creditor in its annual returns. It belies the argument of the learned counsel for the respondent that the company against which this petition is filed is not the company which placed the order. May be there are two entities- a) by the name of IIPM; and b) by the name of International Institute of Planning and Management: However the petitioner has filed sufficient record to show that he has filed this petition only against M/s International Institute of Planning and Management whose name is now changed to that of the respondent company, to whom the goods were supplied. Admittedly the name of the respondent is shown in abbreviation as IIPM in all its invoices and purchase order, but address of IIPM is shown as Satbari on the purchase order/invoices and since the annual returns of respondent company admit the petitioner as its creditor, the contention of respondent that it never placed order upon the petitioner appears frivolous and is to be rejected. The respondent company rather failed to reply to the statutory notice or took such stand prior to filing of this petition. The emails sent on behalf of the respondent company do not show any dispute qua identity of the respondent company. The post dated cheques given by respondent to the petitioner belies the argument raised.