JUDGMENT

Sudershan Kumar Misra, J.

1. This is a petition under S.433 and S.434 of the Companies Act, 1956, for winding up the respondent company i.e M/s Blue Engineering Pvt Ltd, along with an application under S.450 of the Companies Act, 1956 praying for the appointment of a provisional liquidator in the matter. The petitioner's claim is based on certain invoices issued in respect of contracts stated to have been entered into with the Respondent company.

2. The petitioner is a company incorporated under the laws of the United Kingdom, having its registered office at Sirius House, Delta Crescent, Westbrook, Warrington, WAS 7NS, UK. It is engaged in the business of recycling metal-rich waste streams arising from end-of-life vehicles/consumer products, industry and construction/demolition, resulting in sales of recycled commodities.

3. The respondent M/s Blue Engineering Ltd, having its registered office at 46, Shardanand Marg, Delhi - 110046, is a company that was incorporated under the Companies Act, 1956 on or around 3rd January, 2007.

4. According to the petitioner, various Cost and Freight contracts were entered into by it with the Respondent company for the sale and