Arindam Mukherjee, J. - (1.) The instant winding up application has been filed by the petitioner, Bengani Food Products Private Limited seeking winding up of the company, namely, Eva Exotica Pvt. Ltd. (hereinafter referred to as the said company) alleging that a principal sum of Rs.14,32,754.00/- has remained unpaid on account of goods (maize) sold and delivered by it to the said company.
(2.) It is the case of the petitioner that between 5th April, 2013 and 12th April, 2014 it had supplied maize of diverse quantities on the basis of verbal orders placed by the company. The petitioner had raised six several bills for the entire supply, against which the said company has made payments from time to time. After giving credit to all such payments a principal sum of Rs. 14,32,754.00/- remained due and owing from the said company to the petitioner. On further scrutiny the records reveal that the last two bills are respectively dated 11th April, 2014 and 12th April, 2014 for a sum of Rs.12,45,114.00/- and Rs.2,87,640.00/- respectively aggregating to Rs.15,32,754.00/-. The last payment received by the petitioner from the said company is of Rs.1,00,000.00/- made on 16th December, 2014. It also appears that the aggregate bill amount of the first four bill have been paid but in a phase wise manner and not exactly bill by bill. The petitioner says that credit period of 60 days was agreed upon by the parties and after expiry thereof, when no further amounts were paid the petitioner has issued several reminders and claimed the unpaid sum with interest @ 24% being the rate as mentioned in its invoices. Despite receipt of the reminders no further payments were made by the said company except the sum as aforesaid. It is also the case of the petitioner that on persuading the said company for payment, the said company through one Ramankar Singh said to be an authorized officer of the said company agreed to clear all payments of the petitioner within 18th June, 2015. The so-called admission relied upon by the petitioner is in a hindi document and an unofficial english translation thereof said to have been made by Atanu Ghosh (deponent) on behalf of the petitioner are annexed to be winding up petition.
(3.) Even thereafter as no payments were made by the said company, the petitioner through its advocate issued a statutory notice on 8th March, 2016 which is also annexed to the said petition. There is, however, no mention of the so-called admission alleged to have been made by the said company to clear all payments within 18th June, 2015 in the said statutory notice. The statement of account enclosed along with the winding up notice shows that the immediate preceding payment made by the said company to the last payment of Rs.1,00,000.00/- made on 16th December, 2014 was on 26th May, 2014 for a sum of Rs. 20, 37, 823/-.;