VIBHU BAKHRU, J

1. The present petition has been filed by the petitioner bank under Section 433(e) of the Companies Act, 1956, inter alia, praying for winding up of the respondent company as the respondent has failed and neglected to pay the amounts due and payable to the petitioner bank. The petitioner has also filed an application (CA No.2333/2013) praying for winding up the respondent company.

2. Briefly stated, the respondent had approached the petitioner bank for financial assistance by way of a Working Capital Demand facility of a sum of Rs.15 crores. The petitioner bank agreed to grant such facility and after obtaining the necessary corporate authority, the loan documents were duly executed between the respondent company and the petitioner bank. It is stated that an aggregate sum of Rs.15 crores was disbursed by the petitioner bank to the respondent in the month of October, 2011 as under:-

Date of Request/ Amount (Rs in crores) Date of repayment Loan Account No.

Disbursal

03.10.2011 2.90 31.12.2011 1101043

04.10.2011 2.10 01.01.2012 1101045

04.10.2011 2.50 01.01.2012 1101044

05.10.2011 2.50 02.01.2012 1101047