- (1.) THE Judgment of the Court was as follows : This is a winding up application coming up for admission. THE cause of action is founded on unpaid price of goods sold and delivered. Case of the petitioning Creditor :
(2.) THE case of the petitioning creditor is the simplest conceivable case on the above cause of action. According to them, between 3rd September, 2009 and 31st December, 2009 they sold and delivered a quantity of Lam Coke to the respondent. Its price was Rs. 1,92,52,851/-. THEy were sold and delivered further to a purchase order dated 1st September, 2009 of the respondent to them which is Annexure 'A' to the petition. A statement of Invoices together with copy Invoices are annexed to it as Annexure 'B'. Five cheques for Rs. 1,25,00,000/- were issued by the respondent to them. Each was for Rs. 25,00,000/-. Out of these, three cheques were presented first, but dishonoured for insufficiency of funds of the respondent. Thereafter, all five cheques were presented but returned unpaid on the ground that the respondent had stopped their payment. This exercise was done between 11th November, 2009 and 17th November, 2009. Statements of account are relied on by the petitioning creditor in the affidavit-in-reply confirmed on behalf of the respondent by one Vijay Mohata.
(3.) THE usual statutory notice was issued on behalf of the petitioning creditor on 13th April, 2010. THE petitioning creditor's case is that it was not replied to. One statement of account was for the period ending 31 st March, 2010 and another for the period 1st April, 2010 to 30th April, 2010. It is said that such statements of account show that Rs. 1,92,52,851/- is due and owing by the respondent to the petitioner. Respondent's Case Now, the case of the respondent.;