SURENDRA COMMERCIAL SYNDICATE PVT. LTD. Vs. PAWAN KUMAR

JUDGEMENT

(1.) The appeal is against a judgment and order dated 22nd July, 2015 passed by the learned Company Court, whereby the winding-up petition being C.P. No. 309 of 2013 filed by the respondent petitioning creditor against the appellant company has been admitted for a sum of Rs.48,47,000.00 with interest thereon at the rate of 18% per annum.

(2.) It is not in dispute that the petitioning creditor lent a total sum of Rs.1,09,50,000.00 to the appellant company by issuing eleven cheques particulars whereof are given herein below - <IMG>JUDGEMENT_146_LAWS(CAL)3_2016.jpg</IMG>

(3.) The appellant company repaid Rs.61,03,000.00 to the respondent petitioning creditor. Particulars of the payments made by the respondent petitioning creditor to the appellant company are as follows - <IMG>JUDGEMENT_146_LAWS(CAL)3_2016 1.jpg</IMG>