S.K.KESHOTE, J. - (1.) THIS is a petition on behalf of the creditor for winding up filed under Sections 433(e) and (f), 434 and 439 of the Companies Act, 1956 read with Rule 9 of the Companies (Court) Rules, 1959, of the respondent -company.
(2.) IT is submitted that as per the orders of the respondent -company the petitioner -company had been supplying the material from time to time and along with the same, had been forwarding proper challans and bill giving details of the material and value thereof. In para No. 9 of the petition it is stated that the respondent -company used the said material supplied by the petitioner -company but it failed to pay the value of the bills.
(3.) I find from the petition that the respondent -company issued certain cheques for Rs. 4,25,000; the petitioner -company presented the same but all were dishonoured. Undisputedly the petitioner -company has filed criminal complaints against the respondent -company for dishonouring of the cheques and the same are pending in the court of Metropolitan Magistrate, New Delhi.;