SRINIVASAN, RATNAVEL PANDIAN
Rashid Leathers Private Limited – Appellant
Versus
Super Fine Skin Traders – Respondent
SRINIVASAN J.
These two appeals arise out of a petition for winding up filed under section 433(e) of the Companies Act. The appellant in OSA No. 116 of 1987 was the respondent in Company Petition No. 87 of 1985 and the appellant in OSA No. 174 of 1987 was the petitioner in the company petition. The parties will be referred to hereinafter by their rank in the company petition. It is not a matter in dispute that the petitioner supplied skins of sheep and goats to the respondent from January, 1981, to July, 1982, under 17 bills marked as exhibits P-2 to P-18. There was no time limit fixed for payment of the price of the goods, nor was there any agreement to pay interest on delayed payments. It is admitted that a sum of Rs. 1, 24, 752.88 was due to the petitioner, and it was making demands on the respondent to pay the same. It issued a notice through a lawyer on December 8, 1982, and the notice is marked as exhibit P-45. In that notice, it had not only demanded the payment of the principal, but also the payment of interest at the rate of 18 per cent. per annum. There was no reply to the notice by the respondent. Thereafter, there was correspondence between the parties. On th
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