SUPER FINE MEAT SUPPLIERS Vs. BHARAT HOTELS LTD

JUDGEMENT

(1.) This appeal under Section 483 of the Companies Act, 1956 has been filed by the appellant against an order dated 29/10/2003 passed by the learned Company Judge disposing of a winding up petition filed by the appellant under Section 433(e) read with Sections 434 and 439 of the Companies Act, 1956.

(2.) The factual matrix of the case is as follows:-

(3.) The appellant on 1/6/1997 had entered into an Agreement with the respondent for supply of mutton to it. The rates for supply of mutton agreed upon between the parties as mentioned in the Agreement dated 1/6/1997 were valid for a period of 12 months. The Agreement expired on 31/5/1998. The appellant supplied mutton to the respondent for another two months, that is, for June and July, 1998 also, though there was no fresh agreement regarding rates between the parties. The appellant had deposited Rs.1.25 lacs with the respondent as security deposit at the time of entering into an Agreement on 1/6/1997. After the expiry of the Agreement on 31/5/1998, the appellant made supply of mutton to the respondent vide following three bills during June and July, 1998:- <FRM>JUDGEMENT_441_ILRDLH15_2006Html1.htm</FRM>