SHARDA RAWAT Vs. KEE PROJECTS LTD

JUDGEMENT

(1.) The petitioner Sharda Rawat (hereinafter referred to as "financial creditor"), had filed a petition for winding up against the respondent company under Section 439 read with section 443 of Companies Act 1956 and also read with Section 433(e) read with Section 434 of Companies Act 1956 before the Hon'ble Delhi High Court on 29th July, 2016. This Matter was received on transfer from Hon'ble High Court of Delhi pursuant to notification no. G.S.R.1119 (E) & S.O 3676(E) dated 7th December, 2016 issued by Ministry of Corporate Affairs, Govt, of India. The petitioner has filed compliance affidavit in terms of the above notification.

(2.) Respondent Company is a private limited Company (CIN: U74899DL1991PLC046351) incorporated on 11th November, 1991 with authorised capital of Rs. 6,00,00,000/-and paid-up capital of Rs. 5,53,40,500/- and is engaged in the business of material handling and mineral processing, catering to industries like cement, Power, Steel, Coal, Sponge Iron, Paper, Chemical mining etc. Respondent Company assured that if in case petitioner transacts/ gives a chance of business to the respondent company then it will be profitable business for the petitioner and also assured that the payment towards the supplies as made by the petitioner to the respondent shall be made within the period of 45 days.

(3.) Based on the representations made by the respondent, the petitioner, who is a proprietorship concern and an operational creditor has supplied goods to the respondent company M/s Kee Projects Ltd. (hereinafter referred to as "Corporate Debtor") during the period 11.5.2013 to 4.7.201 and raised invoices totalling to Rs. 32,93,099/- as per the following details:- <FRM>JUDGEMENT_38_LAWS(NCLT)7_2017_1.html</FRM>