FORTUNA AGRO PLANTATIONS LTD Vs. RAJESH KEJRIWAL

JUDGEMENT

(1.) It appears in this matter that the delivery of the goods are admitted by the company. It further appears that after receiving the goods in the year 2000, the cheque was issued in favour of the petitioning creditor. The date of the said cheque was 19th February, 2001 whereas the delivery took place on 2nd February, 2000. It further appears from the facts as has been pleaded and the documents in the petition that the said cheque was dishonoured on presentation by the drawee bank on account of payment stopped by the drawer. There is no reason given by the company for the same excepting coming out with a defence in the affidavit filed before this Court that the goods were not in accordance with the specification.

(2.) That defence of the company cannot be accepted after comparing the conduct of the company in the matter of receiving the goods and making payment made after an year. The goods were also not requested to be returned by the company to the petitioning creditor. Hence, there is no defence, in my opinion, in respect of the claim of the petitioning creditor for a sum of Rs. 47,773 because like amount was paid by the company by the said cheque.

(3.) Hence, the winding up petition is admitted subject to scrutiny by the department.