Arindam Mukherjee, J. - (1.) The petitioner, namely, Saraf Engineers Private Limited in the instant winding up petition alleges that on being approached by Zonal Electroplast Private Limited (hereinafter referred to as the said 'company') provided a financial accommodation aggregating to thirty two lacs during the Financial Year 2011-2012. The entire payment was made by four account payee cheques, all drawn on Royal Bank of Scotland. The first cheque is dated 5th February, 2011 bearing no. 315944 and is for Rs. 10,00,000/-, the second cheque is dated 15th February, 2011 bearing no. 457454 is also of Rs. 10,00,000/-. The third cheque dated 15th March, 2011 bearing no. 457458 is for Rs. 5,00,000/-, and the fourth cheque dated 7th June, 2011 bearing no. 457489 is for Rs. 7,00,000/-. The petitioner has provided the voucher numbers against each of the cheque to impress upon the fact that the cheques have been received by the said company.
(2.) The records reveal that all the four cheques have been duly encashed and the money realize therefrom have been appropriated by the said company.
(3.) The petitioner further states that the loan was repayable with interest at the rate of 18 per cent per annum with yearly rest until repayment. The petitioner has, however, not produced any loan agreement or contemporaneous documents in writing to establish the terms and condition of the said financial accommodation.;