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ARAVIND KUMAR
Sudarshan Cargo Pvt. Ltd. – Appellant
Versus
Techvac Engineering Pvt. Ltd. – Respondent
Aravind Kumar, J. —Heard the learned advocates appearing for the parties.
2. This petition is filed ‘under sections
433(e),(1) and 436 read with section 434 of the Companies Act, 1956 seeking winding up of the respondent Company on the ground that it is unable to pay debt due to petitioner.
3. Petitioner is a licensed Custom House Agent and also an IATA accredited international freight forwarding agent. Respondent company is engaged in the manufacture, sales and distribution of scrubbing or drying machines and all kinds of industrial or domestic vacuum pumps.
4. During the period September 2008 to November 2008 at the request of respondent, petitioner had carried four consignments by shipment which were covered by four Bills of Lading. Pursuant to said service extended by petitioner company it has raised invoices on 09.09.2008, 31.10.2008 and 01.11.2008 (2 Nos.) for a total sum of Rs.4,39,313/- on the respondent Company. Copies of these four invoices are at Annexure-A. On account of non payment of the amounts due under these invoices by respondent to the petitioner there was exchange of correspondence by e-mail between the parties. Respondent company by its e-mail dated 14.01.
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