Umesh Chandra Banerjee, J. - (1.) In this application for winding-up the petitioning creditor has claimed a sum of Rs. 8,94,901. 77p.
(2.) On the factual score, it appears that there was an earlier petition moved against the company, but the same was dismissed by reason of certain technicalities, though leave to proceed afresh was obtained from that Court, in pursuance whereof a fresh statutory notice was given and this petition for winding-up of the company has been filed by the petitioning creditor.
(3.) It further appears that between 10th June, 1985 and 16th August, 1985 the petitioner duly supplied to Pioneer Protective Glass Fibre Pvt Ltd. resins worth Rs. 5,10,228.26 and documents were sent through bank relating to Bill No. 3288, Debit Note No. 31 dated 16.8.85 for Rs. 1,02,645.66, Bill No. 3297, and Debit Note No. 28 dated 20th August, 1985 for Rs. 1,02,645.65 and Bill No. 3099, Debit Note No. 10 dated 10th June, 1985, for Rs. 3,07,936. It appears that there is no dispute on the factual score that the goods were duly received by the abovenamed Pioneer Protective Glass Fibre Private Ltd. without raising any objection. The bills, though however, sent through the bank, but were not retired by the Pioneer Protective Glass Fibre Private Ltd. and inspite of the extensions of time, eventually, the documents were returned by the petitioner's bankers, thereby making them liable for interest to the extent of Rs. 1,18,230.91 upto 10th October, 1986. Subsequently, however, repeated requests were made and reminders given, but without any effect.;