NASIR AMIN HUNGUND, Vs. M/S. GLASSPAANE ALUMINIUM

JUDGEMENT

(1.) By this petition, the petitioner seeks winding up of the respondent on the ground that the respondent is unable to pay its debts.

(2.) It is the case of the petitioner that during the period between 2006 and 2007, the petitioner sold, supplied and delivered various goods to the respondent. It is the case of the petitioner that during the period between 1st April, 2006 and 13th July, 2011, the respondent made various payments to the petitioner. Learned counsel appearing for the petitioner invited my attention to Exhibit "B" to the petition and would submit that during the said period, the respondent had made payment to the petitioner in the sum of Rs.28,83,330.00 and balance outstanding amount payable to the petitioner was Rs.24,01,215.00. He submits that the respondent had made part payment of Rs.50,000.00 on 13th July, 2013 in cash. In support of this submission, learned counsel invited my attention to the alleged cash voucher dated 11th July, 2011 and 12th July, 2011 alleged to have been made by the respondent to the petitioner in the sum of Rs.16,000.00 and Rs.18,000.00 respectively.

(3.) It is submitted by the learned counsel that since the respondent did not pay the balance amount to the petitioner, the petitioner issued notice on 11th Feb., 2012 to the respondent calling upon the respondent to pay the sum of Rs.32,98,552.76. He submits that in response to the said notice of demand, the respondent called upon the petitioner to supply various documents, though the same were already supplied by the petitioner to the respondent vide letter dated 23rd Feb., 2012.