RYDAK SYNDICATE LTD. Vs. ROSHANLAL AGARWAL

JUDGEMENT

(1.) THIS appeal is arising out of a judgment and/ or order dated February 13,2002. The challenge thrown by the appellant that the order so passed by the hon'ble First Court is not tenable under the provisions of law inasmuch as the hon'ble First Court was pleased to admit the petition and directed to pay a sum of Rs. 4,72,732 being the principal together with interest at the rate of 12 per cent per annum from the date of the statutory notice till filing of the winding up petition and thereafter interest at the rate of 6 per cent per annum.

(2.) THE said order dated February 13, 2002, has been challenged on the ground that the claim of the respondent could not have been adjudicated upon in a summary proceedings and further the claim was barred under the provisions of laws of limitation.

(3.) MR . Chowdhury further drew our attention to a letter addressed by his client to the advocate -on -record of the respondent dated 11 -4 -2001, and submitted that bills so raised by the respondent on the appellant were not verified, settled and/ or passed for payment and particulars of the said bills were annexed to the said letter. He further pointed out that four bills aggregating to a sum of Rs. 79,368 were never received by his client which was also pointed out in the said letter.