IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.S.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE A.K.BASHEER MONDAY, THE 10TH SEPTEMBER 2007 / 19TH BHADRA 1929 Co.Appeal.No. 12 of 2003() -------------------------- AGAINST THE JUDGEMENT IN CP.8/1998 Dated 24/09/2002 .................... APPELLANT/PETITIONER ------------------------------------- LAKMA AGROVET INPUTE PRIVATE LIMITED, REPRESENTED BY ITS DIRECTOR R.KRISHNA, IST FLOOR, SHANTALA PLAZA MALLESWARAM, BANGALORE. BY ADV. SRI.P.K.SURESH KUMAR SRI.K.P.SUDHEER RESPONDENTS: RESPONDENT ----------------------- PRIMA AGRO PRODUCTS LIMITED, REPRESENTED BY ITS MANAGING DIRECTOR, REGD.OFFICE AT PRIMA HOUSE, BANERJI ROAD, KOCHI - 18. BY ADV. SRI.PREMJITH NAGENDRAN THIS COMPANY APPEAL HAVING BEEN FINALLY HEARD ON 10/09/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.S.RADHAKRISHNAN & A.K.BASHEER, JJ ------------------- CO.APPEAL. 12/2003 -------------------- Dated this the 10th day of September, 2007 JUDGMENT Radhakrishnan, J Company petition was preferred by the appellant herein holding that the respondent/company is unable to pay the amount due to the appellant/petitioner. Appellant submits, an amount of Rs.908133.90 and the interest was due to the appellant towards the price of the raw materials supplied from 1.12.1996 to 8.3.1997. On demand, the respondent/company did not pay the amount. Hence, the petitioner/Company filed this present Company petition under Section 439 of the Companies Act. 2. Respondent/company failed to pay the price in respect of the the raw materials supplied by the petitioner/company on the ground that the materials supplied was of inferior quality. Further it is also alleged that there was unathorised increase of the price shown in the invoice in collusion with some of the employees of the respondent/Company. Learned Single Judge on perusal of the documents, found that the respondent/company had already informed the petitioner/company regarding the COA.12/2003 2 dispute on the quality of the raw materials as well as the prices. Further the facts revealed that the respondent/company was running on a profit and the company was capable of paying the amount for the materials. In such circumstances, learned Single Judge has rightly dismissed the Company Petition. This appeal lacks merit and the same is dismissed. K.S.RADHAKRISHNAN Judge A.K.BASHEER Judge mrcs