• Company winding up petition

Hi sir/ma'am! :)

I am a kraft paper dealer based in Delhi. I take paper from paper manufacturing mills and then supply the same to corrugated box manufacturers. In short, I am an intermediary and have a well set business for the past twenty five years. I pay the mills as soon as I procure paper from them and supply that paper to various corrugated box manufactures who pay me according to our settled terms i.e. in thirty days, ten days etc. With each invoice raised by the mill in the name of the corrugated box manufacturer I wish to supply paper to comes an authority letter on the letter head of the mill asking that party to make the payment to me as I already settle my dues with the mill.

Now one of my parties (a private limited company) in Punjab has defaulted. We started to deal on one month or thirty days payment basis in 2013 and he still hasn't cleared my dues of March 2013. I have his duly signed company letter head which clearly states his email id and mails dated March 2013 from that very email id stating the payment terms of thirty days. On top of that I also have an account statement duly signed by him which also has his company's stamp.

The last payment he made was back in February 2014 and that too of INR 1 lac only. I have a substantial sum to recover and need your urgent and immediate help.

Please let me know what all cases I can file against him? Am I eligible to file a company winding up petition against him? Will the Order 37 of the CPC be enough to recover my funds? I am willing to file all possible cases against him and require your kind assistance for the same.

Eagerly waiting for your prompt and positive reply sir/ma'am.

Thank-you and God bless! :)