SAKETS FABS PRIVATE LIMITED Vs. KRANTI AUTOMOBILES LIMITED

JUDGEMENT

(1.) This petition is filed under Sections 433(e), 434 and 439 of the Companies Act, 1956 seeking winding up of the respondent Company. It has been pleaded in the petition that the petitioner is a small scale industrial unit supplying automobile components to the respondent since April 2013. Various purchase orders were placed by the respondent pursuant to which the components were supplied from April 2013 to February 2014. Pursuant to each supply, an invoice was raised by the petitioner which has been duly acknowledged by the respondent. It is pleaded that the petitioner is maintaining books of accounts and as per the respondent's account maintained by the petitioner in its books, an amount of Rs. 39,86,897.33/- is shown as outstanding. A legal notice was sent to the respondent on 26.06.2014. A reply was received on 07.07.2014 from the advocate of the respondent where the respondent have refused to pay the money raising some issues.

(2.) I have heard learned counsel for the parties.

(3.) Learned counsel for the petitioner has pointed out that in all 115 invoices have been raised on the respondent. He points out to Annexure P-4 where each of the invoices has been duly received by the respondent by affixing signatures and the company stamp. He has also pointed out that the statutory notice was sent to the respondent on 26.06.2014. In the reply sent by the respondent on 07.07.2014, there is no denial regarding the receipt of the goods. A frivolous complaint is raised that the metal sheets supplied were coated with oil which has resulted in peeling of the paint. It is pleaded by the learned counsel for the petitioner that this plea is an afterthought.