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G.B. Marketing Corpn. v/s Maya Agro Products Ltd.


Company & Directors' Information:- K K R PRODUCTS AND MARKETING PRIVATE LIMITED [Active] CIN = U51211KL2003PTC016105

Company & Directors' Information:- G H AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U15143PB1996PTC018159

Company & Directors' Information:- MAYA AGRO PRODUCTS LIMITED [Under Liquidation] CIN = U15191UP1991PLC013336

Company & Directors' Information:- S A AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U01403WB2013PTC195653

Company & Directors' Information:- B. D. AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U01400WB2009PTC136319

Company & Directors' Information:- D A P AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U01403WB2011PTC157956

Company & Directors' Information:- B. K. AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U70101WB1990PTC049682

Company & Directors' Information:- S V M A AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U15142TZ2003PTC010834

Company & Directors' Information:- K E AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U15314KL2002PTC015782

Company & Directors' Information:- AGRO (INDIA) PRODUCTS PRIVATE LIMITED [Active] CIN = U01500DL2013PTC250521

Company & Directors' Information:- W B AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U15400KA2014PTC073123

Company & Directors' Information:- D M AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U74899DL1995PTC066893

Company & Directors' Information:- D N AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U15314UR2005PTC032824

Company & Directors' Information:- N K AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U15490PB2010PTC034534

Company & Directors' Information:- INDIA AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U01300TZ1991PTC003161

Company & Directors' Information:- S B R AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U01120TN2008PTC070170

Company & Directors' Information:- B S AGRO PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U29246WB1995PTC073119

Company & Directors' Information:- S C P AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U15400WB2010PTC154344

Company & Directors' Information:- B B AGRO PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U01111WB1999PTC089962

Company & Directors' Information:- B. R. AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U74999MP2020PTC052151

Company & Directors' Information:- AGRO MARKETING PVT LTD [Strike Off] CIN = U51909WB1987PTC043165

Company & Directors' Information:- J. M AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U01122UP2007PTC032828

Company & Directors' Information:- MAYA PRODUCTS PRIVATE LIMITED [Active] CIN = U52190RJ2004PTC019292

Company & Directors' Information:- P M AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U01100MP2010PTC023037

Company & Directors' Information:- M. C. AGRO PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U74990WB2009PTC135219

Company & Directors' Information:- MAYA MARKETING PRIVATE LIMITED [Strike Off] CIN = U52110TZ1989PTC002483

Company & Directors' Information:- P G AGRO PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U01403WB2009PTC139377

Company & Directors' Information:- L. M. AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U15139DL2010PTC207504

Company & Directors' Information:- C K AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U01403AP2016PTC098332

Company & Directors' Information:- R J AGRO PRODUCTS INDIA PRIVATE LIMITED [Strike Off] CIN = U15311KA2005PTC036080

Company & Directors' Information:- AGRO PRODUCTS PVT LTD [Strike Off] CIN = U01131OR1983PTC001188

Company & Directors' Information:- R L R AGRO PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U01403TG2012PTC082514

Company & Directors' Information:- R P V AGRO PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U01300TZ1997PTC008071

Company & Directors' Information:- A V S AGRO-PRODUCTS COMPANY LIMITED [Dissolved] CIN = U74899DL1995PLC070790

Company & Directors' Information:- M R AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U01400MH2012PTC226708

Company & Directors' Information:- B. U. AGRO-PRODUCTS PRIVATE LIMITED [Active] CIN = U01100GJ2018PTC101009

    Company Petition Appeal No. 52 of 2000

    Decided On, 07 August 2001

    At, High Court of Judicature at Allahabad

    By, THE HONOURABLE MR. JUSTICE SUNIL AMBWANI & THE HONOURABLE MR. JUSTICE J. CHELAMESWAR

    For the Appearing Parties: R.P. Agrawal, Shashi Nandan, Advocates.



Judgment Text

SUNIL AMBWANI, J.


(1) IN pursuance of the notice issued by this Court on 18-7-2000, the respondent-company has filed a counter affidavit of Shri Ashok Mitra on 4-4-2001. A rejoinder affidavit of Shri Onkar agarwal was filed on 12-4-2001. A supplementary counter-affidavit has also been filed. On 10-7-2001, the respondent-company was granted opportunity of filing the accounts of the applicant-company, maintained with the respondent-company as well as the last audited balance sheet. The matter was listed again on 26-7-2001 and further time was granted to comply with the order.


(2) TODAY the matter was taken up in revised list. No one appears for the respondent-company. I have heard Shri R. P. Agarwal. G. B. Marketing Corpn. is partnership working as C and P agent and dealer of the respondent-company for marketing its products. A security of Rs. 10 lakhs was deposited bearing 15 per cent interest by the applicant for the respondent-company. It is alleged that the agency was discontinued and on the date of its engagement a sum of Rs. 28,82,906. 82 was the balance to be paid to the applicant-company. It has further been alleged in para 13 of the petition that respondent-company at no stage disputed this liability and that in fact the liability was acknowledged on the confirmation of account on 24-3-1999, and thereafter on 14-12-1999, a request was made by the respondent-company that due to certain constrains they are unable to make the payment at that time with the assurance that the demand draft shall be sent against outstanding balance on 27-1-2000 and in case the respondent-company is unable to send the demand draft an account payee, cheque shall be sent. Thereafter a cheque of Rs. 55,000 dated 22-3-2000 was sent as part payment drawn in favour of Benaras State Bank Ltd. Another cheque dated 31-3-2000 of Rs. 1 lakh was drawn on the Central Bank of India, Muthiganj, Allahabad. Both the cheques returned unpaid by the bank with the remarks 'payment stopped by the drawer'. A third cheque for Rs. 161akhs was also issued but could not be realised on account of stop payment. Statutory notice under Section 434 was sent to which no reply was received.


(3) IN the counter-affidavit, the respondent company has also taken a stand that the accounts between the applicant-company and the respondent-company have not been reconciled. They disputed the liability of interest and have made a statement that the claims of the applicant-company are highly excessive as substantial amount has to be recovered after reconciling the account. It has also been alleged that the respondent-company has to recover about Rs. 4 lakhs towards the purchase of car and some other amounts are also to be paid.


(4) THE court finds that the defence is not only vague but has been put up without substantiating it by the company accounts of the applicant, maintained by the respondent-company. On the facts of the case, the court is not satisfied that the defence is bona fide,

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and thus prima facie, it appears that the company is deliberately avoiding, and that it is unable to pay its dues. (5) IN the aforesaid circumstances, it is directed that the advertisement in accordance with Section 24 of the Companies (Court) Rules, 1959, be published fixing a date for hearing of this company petition.
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