MOTILAL AGARWAL Vs. DIABARI TEA COMPANY LTD

JUDGEMENT

(1.) The petitioner was carrying on business under the name and style "O. Sing and Company". At the relevant time the petitioner supplied chemical and organic fertilizer, pesticides, etc., to the company. On account of supply there had been an outstanding of Rs. 11,61,794.16 as on December 31, 2000. The company made a part payment of Rs. 2 lakhs on January 12, 2001, thereby leaving a sum of Rs. 9,61,794.16 which was confirmed by the company on February 23, 2001. After such balance confirmation the company during the period March, 2001, to April, 2001, made diverse part payments aggregating to Rs. 2.32 lakhs leaving a balance sum of Rs. 7,29,794.16. The petitioner caused a statutory notice of demand served at the former registered office of the company and thereafter initiated the above winding up proceeding.

(2.) In the affidavit-in-opposition the company contended that since the notice was not served at the registered office of the company the winding up petition was not maintainable and was liable to be dismissed.

(3.) On the merits, it was contended in the affidavit that the management of the said company had changed hands on April 30, 2001. The present management had no records to verify the claim of the petitioner. The balance confirmation being relied upon by the petitioner as well as the part payments made by the company would show that everything happened when the company was being controlled by the erstwhile management. At the time of taking over the erstwhile management did not inform the present management about the claim of the petitioner. It was also contended that no documents barring the balance confirmation, in support of such claim had been produced by the petitioner. Hence, the winding up petition was not maintainable.