C H ROBINSON WORLDWIDE FREIGHT INDIA (P) LTD , MANAGER CORPORATION ACCOUNTS, NESAL R LALAN Vs. WINBRO LOGISTICS (P) LTD , MANAGING DIRECTOR, SATHYANARAYANAN

JUDGEMENT

(1.) The Petitioner M/s. C.H. Robinson Worldwide Freight India (P) Ltd., through Mr. Nesal R. Lalan, Manager - Corporation Accounts, filed this petition under Section 433(e)(f) and 434(1)(a), 439(1)(b) of the Companies Act, for winding up of the Respondent company M/s.Winbro Logistics (P) Ltd. for its inability to pay the admitted liability.

(2.) The case set up by the Petitioner in the company petition is that the Petitioner is shipping agent and freight forwarders. In the course of business, the Respondent company approached the Petitioner for freight forwarding of their goods. As on 1.12.2008, the Respondent company was liable to pay a sum of Rs. 6,18,071/- (Rupees six lakhs eighteen thousand and seventy one only) under various invoices.

(3.) It is the case of the Petitioner that an amount was to be paid within 30 days from the date of arrival of the Cargo at the destination. But inspite of statutory notice, the Respondent company has failed to pay the amount, therefore, the Respondent company is liable to be wound up for its inability to pay the admitted liability.