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1984 Supreme(P&H) 596

RAJENDRA NATH MITTAL
Delhi Cloth And General Mills Co Ltd – Appellant
Versus
Stepan Chemicals Limited – Respondent


Judgment

Rajendra Nath Mittal, J.

1. Briefly the facts are that the petitioner supplied goods of the value of Rs.1,52,708 to the respondent from November 28, 1979, till June 25, 1980. The respondent did not make the payment of the bills. Consequently, the petitioner moved an application for winding-up of the respondent on July 24, 1982. The respondent filed a reply in which the liability was admitted. Thereafter, the respondent paid some amounts on different hearings. On April 1, 1983, it was agreed between counsel that the respondent would pay the principal amount in instalments of Rs.10,000 each. The first instalment would be paid by April 15, 1983, and subsequent instalments by 15th of each month. Regarding interest, it was agreed that the respondent would discuss the matter with the general manager of the petitioner. Thereafter, the respondent paid the principal amount. However, it did not pay any interest nor the general manager of the respondent discussed the matter regarding the interest with the petitioner. Consequently, counsel for the petitioner has prayed that as the respondent has not paid the interest, the petition be ordered to be advertised. The case was adjourned on





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