M/S. RAJESH AND CO (Petitioner firm) Vs. RAVISSANT PVT LTD (Respondent Company) decided on 24/02/2012
Brief facts: The facts as stated in the petition are that the petitioner firm had been supplying fabric to the respondent company on regular basis from 1996 onwards and as per the reconciliation of accounts for the period from 1st April, 1997 to 31st March, 1998, a sum of Rs. 17,26,952 was due and payable by a respondent Company. Further a letter dated 26th March, 1998 has been sent by the petitioner to the respondent company, which the respondent company had failed to respond, hence this petition.
Decision: Petition dismissed
Reasons: In the present case, the respondent-company did not deny the letter dated 26th March, 1998 but at the same time set up a defense subsequent to the above said letter, wherein two debit notes dated 30th June, 1998 had been issued by the sister concern of the respondent company and therefore the plaintiff was not entitled to any sum of money.
For a winding up petition to be allowed, the petitioner is required to show that the alleged admission is clear and unambiguous. Moreover, the jurisdiction of Company Court is summary in nature and the issues of inter-se transactions between the parties and the veracity of the debit notes cannot be examined in the present case as it involves disputed questions of fact and would require evidence. Certainly, the defense set out by the respondent in its reply to the statutory notice cannot be said to be a moonshine or sham and as a result the present petition was dismissed, without any order as to costs. Needless to say, the civil court would decide the case on merits without being influenced by any observations made by this Court.