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1988 Supreme(Cal) 172

SATYABRATA MITRA
DYTRON (INDIA) LTD – Appellant
Versus
. – Respondent


SATYABRATA MITRA, J.


( 1 ) THE Court. This is an application of M/s. N. K. Gossain and Co. Pvt. for winding up of Dytron (India) Ltd. on the ground of inability to pay the debts due to the petitioning creditor.

( 2 ) THE case of the petitioning creditor is that on 6th February, 1986 the Company placed orders to the petitioning creditor for printing of 38,000 copies of annual reports of the Company. The petitioning creditor after completing the printing job delivered those materials to the said Company in the month of March, 1986 the company received those materials and accepted them without raising any objection. It is the case of the petitioning creditor that the Company utilised the said materials and must be deemed to have accepted the printing job of those materials. Thereafter the petitioning creditor raised the bills on the 28th March, 1986 for a sum of Rs. 3,68,670. 02p which was received by Company on 31st March, 1986. The petitioning creditor states the Company made a part payment of Rs. 50,000 on 20th September, 1986 and thereafter no payment has been made towards the said bill by the Company. On demand being made payment of the outstanding dues the Company by a letter ,


























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