#32 %25.02.2011 D r Present: Mr. Zangpo Sherpa, Advocate for petitioner. + CO. PET. 94/2011 & CO. APPL. 317/2011 * The present winding up petition has been filed stating that an amount of Rs. 14,21,092/- is due and payable by the respondent on account of goods supplied by the petitioner between the period March, 2002 to September, 2002. 41 Admittedly, the petitioner had issued a legal notice dated 1st September, 2003 to respondent and had even filed a police complaint on 14th November, 2003. In my opinion, from the aforesaid facts, it is apparent that the debt sought to be recovered in the present case is clearly barred by limitation. Consequently, I am of the view that the present petition is not maintainable. In any event, I also found upon a perusal of the papers that the respondent has already filed a civil suit bearing CS No. 1687/2004 against petitioner for recovery of damages of Rs. 4,00,000/- on the same cause of action. Thus, it is difficult for this Court at this stage to reach a conclusion that any amount is due and payable by respondent to petitioner. Accordingly, the present petition and application are dismissed but with no order as to costs. 11 MANMOHAN,J FEBRUARY 25, 2011/rn Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified