3 Petitioner is an unpaid vendor to whom the Company is indebted in the sum of Rs.3,64,352/plus interest. To the Petition is annexed copies of Purchase Orders, Delivery Challan called Tax Challan and Lorry Receipt. Also annexed to the petition is a copy of a letter received from the Company signed by its Store incharge confirming receipt of all materials. As payment did not come forth, petitioner caused various demand letters issued to the Company. The Company also issued two cheques, one for Rs.50000/and other for Rs.25000/and both the cheques came to be dishonoured, as payment was stopped by the Company. As no payment come forth, Petitioner issued Statutory Notice which was addressed to the Company as well as its Managing Director separately. The letter was sent to various address as of the company. The stand taken in the reply to the notice is that Company never received any goods and hence, no payment was required to be made and also the cheques which were dishonoured were never given to Petitioner. In the AffidavitinReply to the petition, the Company admits having issued these cheques. At paragraph 5 while dealing with the petition paragraphwise, the Company states “............ since, the Petitioner Company had not supplied the goods and materials as alleged therefore, I had stopped the payment in respect of the Cheques mentioned as therein”. Therefore, it is rather obvious that the stand of the Company smacks of dishonesty. On the one hand, Company state that no cheques were issued and on the other hand, it says cheques were issued but payment was stopped due to non supply. Therefore, the defence that no goods were supplied and hence, no payment was to be made is a moonshine defence. I have to also note that the Counsel for Company at the outset, brought to the notice to the Court the averments in paragraph Nos. 6 to 9 of the AffidavitinReply and stated that the financial condition of the company is very bad, it is not doing any business and all its assets are attached by Punjab National Bank to which Company owes amounts in excess of Rs.39 crores. Counsel for the Company also stated that he leaves to the Court whether Company should be wound up.
