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2018 Supreme(Del) 460

JAYANT NATH
Emecon Controls Pvt. Ltd. – Appellant
Versus
PSA Nitrogen Limited – Respondent


Advocates Appeared:
For the Petitioner: Mr. Vibhor Garg
For the Respondents: Mr. Vikas Agarwal, Ms. Shruti Pande, Mr. Amit

JUDGMENT :

JAYANT NATH, J.

1. This petition is filed for winding up under section 433(e) and 434(1)(a) & (c) of The Companies Act, 1956 seeking winding up of the respondent company. The case of the petitioner is that the respondent company placed various Purchase Orders with the petitioner company for the purchase of Pressure Transmitters, Flow Transmitters etc. which were duly received by them to their satisfaction on different occasions. Petitioner also points out to three invoices dated 16.08.2012, 10.09.2012 and 11.09.2012 respectively totalling Rs.3,10,467/- payment of which has not been made by the respondents. Reliance is also placed on various e-mails including the email dated 28.09.2012 where the respondents have admitted that they would clear the outstanding payments in favour of the petitioner company. Further, to show their bona fide a copy of an unsigned cheque of Rs.1,94,959/- was attached with the said e-mail as a part payment for the invoices raised by the petitioner company and an assurance was given that the said cheque will be signed once the authorised signatory resumes his office. It is also pleaded that the respondents have not supplied C-Forms to the petitioner























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