2002 (7) TMI 570

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....he ground of alleged non-payment of dues of the petitioner for diesel generator set, said to be supplied to the respondent-company. The petition contends that total cost of the diesel generator set was Rs. 3,10,000 and advance amount of Rs. 50,000 was paid by the respondent-company to the petitioner company. 2. The present winding up petition is based on the dishonouring of two cheques worth Rs. ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....there was no privity of contract between the respondent company and the petitioner company and the order had been placed by the respondent on M/s. Aqua and Power Controls and a sum of Rs. 3,10,000 was towards the price of the generator set and Rs. 1,55,000 towards the installation charges. It has been indicated in the reply that the averments in the winding up petition that an advance of Rs. 50,00....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....certificate annexed to the reply. 4. Significantly, the petitioner has not chosen to proceed against the M/s. Aqua and Power Controls. Accordingly, it is very clear that there is prima facie no privity of contract between the respondents and the petitioner company and the nature of dispute as sought to be raised in this winding up petition cannot be determined in a winding up proceeding as there ....