VINODRAY AMARCHAND PAREKH Vs. SATISH SOLVENT EXTRACTIONS LTD

JUDGEMENT

(1.) BY this petition, the petitioner is seeking winding up of the respondent-company, Satish solvent Extractions Ltd. , on the ground that the said company is unable to pay its debts. The claim of the petitioner relates to the balance price of the goods sold and supplied by them to the respondent-company.

(2.) THE petitioner has in para 6 of the petition stated the various particulars with regard to the supply made to the respondent-company and raising of his invoices in respect of the said supply and payment of some of the bills. It is noticed that there are seven bills as mentioned in para 6 out of which the respondent-company, even according to the petitioner himself has paid the amount of the first five bills. The last two bills for a total sum of Rs. 85,367. 78 have remained unpaid and despite demands the respondent even after service of statutory demand notice did not pay. Hence, the petition.

(3.) THE respondent-company has filed an affidavit and have pointed out that as far as the first five bills are concerned and the material supplied thereunder the same, i. e. , the material was in accordance with their order and requirement. Whereas as far as the material supplied vide last two bills the same was not in accordance with their order and they brought the said fact to the notice of the petitioner by their telegram dated June 5, 1990. It is most significant to note that the petitioner himself in para 7 of the petition has made a mention about the receipt of the telegram. The said telegram reads : "at Seamless Tubes supplied and billed by you are ERW pipes send your representative for verify. "