J. K. Mehra. J. (Oral)

( 1 ). This petition for winding up has been filed on the basis of the claims which the petitioner company has against the respondent company for the price of the goods sold and neither to it, the petitioner used to procure the cole against payment from the collieries on the permits issued in favour of the respondent company and supply that coal to the respondent. In the year 1983 the respondent company ran into thing financial difficulties and its factory was closed our the petitioner on the date of the closure of the factory had to recover from the Respondent a sum. of Rs. 1,94,487,70 whereon the petitioner had claimed interest @ 22% per annum which till 31st March 1986 came to Rs, 98,328. 58p. Before the closure of the factory the petitioner approached the respondent for the payment of its use and as a consequence of certain telephonic discussions the respondent wrote to the petitioner on 2nd March 1984 reading as under:-

"this refers to our Today s telephonic talk regarding payment of coal duesofaboutrs. 2. 301acs. First of all, we are extremely sorry for the delay in payment caused due to some unavoidable circumstances at our end resulting in blockage of f

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