ASHIM KUMAR BANERJEE, ACJ.

This appeal would relate to an order refusing to admit a winding up petition filed on behalf of the appellant as against the respondents. The parties had commercial relationship under which the appellant acted as a carrier of the respondent’s products over a long period of time. The parties would say, it would be for 6-7 years. According to the appellant, they were carrying goods on behalf of the respondents hence, they were entitled to have the freight charges that the respondent company kept outstanding for a long time. The company would say, the transaction was carried on for years together. As per the agreement, the rate was to be fixed by Mr. D.P. Jajodia. The carrier did not adhere to the terms and billed at a rate far above the settled rate. Hence, the dispute.

The appellant made a claim by issuing notice of demand initially by themselves through letters dated June 28, 2013, July 17, 2013, July 29, 2013 and August 26, 2013. None of the said letters were replied to. However, we find from the letter dated July 29, 2013 there had been meetings between the respective representatives of two companies on July 9, 2013 and July 11, 2013. Despite a