- (1.) This is a winding up application coming up for admission.
(2.) It arises out of a contract dated December 26, 2006 between the parties. It was for supply of iron ore fines. The petitioning creditor was the buyer and the company, the supplier. In pursuance of this contract, the petitioning creditor paid to the company Rs. 87,00,000 by demand draft. That sum represented the full price. There is no dispute regarding this. After receipt of such payment the company despatched two wagons of these goods through the railways. This despatch was under railway receipts issued by the South Eastern Railways, which are annexed to the petition. They are dated January 14, 2007 and January 19, 2007 respectively.
(3.) At the time of taking delivery of the goods by the Petitioner, the dispute arose. Allegedly, goods worth Rs. 13,48,845 were short delivered. This is the dispute in this case. The petitioning creditor wants refund of this sum. They have also claimed damages of Rs. 8,40,000. Their aggregate claim is about Rs. 28,89,275 inclusive of interest at 24 per cent. per annum calculated up to April 30, 2010.;