MARATT PLANTATIONS (P.) LTD. Vs. NATURAFLEX (P.) LTD.

JUDGEMENT

(1.) The petitioner is before tills Court seeking that the respondent-company be wound up under the provisions of the Companies Act, 1956.

(2.) The petitioner and the respondent are stated to have entered into certain business transactions through purchase order bearing No P0056 dated 01.03.2004. The respondent is said to have placed an order on the petitioner for supplying of 4,242 Kgs of Creamed Latex at the rate of 66.00 per Kg. The petitioner supplied to the respondent 4,150 Kgs under the invoice bearing No. 1881 dated 08.03.2004. The rate per kilogram of the said goods was 66.80ps. Accordingly, the total value of the goods supplied was 2,84,822.00. In the event of delay in payment, interest was payable as agreed in the invoice. Further, through the purchase order dated 29.03.2004, the respondent placed an order for supply of 4,242 Kgs of Creamed Latex at the rate of 70.00 per Kg. The total amount towards the same is in a sum of 2,98,235.00. The payment due had not been made by the respondent within time. However on repeated request, a sum of 1,00,000.00 was paid on 10.07.2004 and another sum of to 50,000.00 was thereafter paid. After deducting the amount paid from the total the amount that was due to be paid by the respondent was in sum of 1,98,571.00 as on 06.09.2005. The petitioner therefore got issued a legal notice calling upon the respondent to pay the said amount. The details of the calculation of the amount as demanded is adverted to in the petition as on the date of filing of the petition. The petitioner contends that a sum of 2,17,339.00 was due.

(3.) The respondents though did not reply to the statutory notice and raise any objections, it has sought to raise a contention before this Court that, the supply made were defective and it is not as per the order placed, as such the payment of amount sought was resisted. In that view, the petition had been listed for evidence, so as to enable the parties to pat forth their evidence in proof of the claim and also to controvert the claim. The order dated 07.03.2014 passed in this proceedings would refer to this aspect of the matter.