- (1.) This is an appeal against the order of the learned Company Judge dated 29.04.2016 dismissing the petition filed by the appellant for winding up the 1st respondent-company, inter alia, on the ground that it is unable to pay its debts. The other respondents are Directors of the company and are, therefore, not necessary parties. The reference to the respondent, therefore, will be only to respondent No. 1.
(2.) According to the petitioner (appellant herein), a sum of Rs. 54,03,037/- is due and payable by the 1st respondent to it on account of goods sold and delivered on the terms and conditions contained in and evidenced by purchase orders and the corresponding invoices.
(3.) The first purchase order is dated 05.02.2014 and the corresponding invoice is dated 13.02.2014 for an amount of Rs. 13,64,379/-. The second purchase order is also dated 05.02.2014 and the corresponding invoice is dated 14.02.2014 for a sum of Rs. 13,43,411/-. The third purchase order is dated 27.03.2014 and the corresponding invoice is dated 31.03.2014 in the sum of Rs. 13,37,513/-. The fourth invoice is dated 31.03.2014 in the sum of Rs. 13,57,370/-.;