RMC READYMIX (INDIA) (DIVISION OF PRISM CEMENT LIMITED Vs. TRISTAR GLOBAL INFRASTRUCTURE PRIVATE LIMITED

JUDGEMENT

(1.) This petition is filed under section 433(e), (f) and 434 of The Companies Act, 1956 seeking winding up of the respondent company. The case of the petitioner is that the respondents approached the petitioner for supply of cement and allied material through various purchase orders. The material was said to have been duly supplied to the respondents. Tax invoices were also raised which have been duly received and acknowledged by the respondent. Reliance is also placed on a document which is said to be balance confirmation dated 19.11.2013 whereby it is stated that the respondents have acknowledged their outstanding amount as Rs. 27,97,982/-. A legal notice was sent to the respondents on 03.12.2014. However, there has been no response from the respondents.

(2.) I may note that on 21.8.2018 this court noted as follows:-

(3.) Learned counsel for the petitioner is said to have filed on record the original acknowledgement but the same is not on record. She has shown a copy of the original in court.