LAWS(RAJ)-2004-1-58

IN RE: SUPREME METPRODS LTD. Vs. STATE

Decided On January 16, 2004
In Re: Supreme Metprods Ltd. Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) IN this winding up petition the petitioner has prayed for issue of an order of winding up of the respondent -Company on the ground of its inability to pay Rs. 14,97,373.38 to the petitioner company. This amount is stated to be due of the cost of the carbon wire rods supplied to the respondent -company by the petitioner -company.

(3.) IN view of this fact, this winding -up petition does not survive. The reason is very obvious. The decree has been passed by the Civil Court in favour of the petitioner for this amount and it can be recovered by execution thereof.