English | Dzongkha Tuesday, November 12, 2019

MMCL puts up enforcement petition in the Phuentshogling Court


Oct 17, 2019

A Mumbai based company, Minex Metallurgical Company Limited (MMCL), a manufacturer and supplier of aluminium products has put up a petition in the Phuentsholing Dungkhag Court to enforce Supreme Court’s judgment passed in June this year against SKW Tashi Metals and Alloys Private Limited.

The enforcement petition was submitted on September 30.

Upholding High Court’s verdict, Supreme Court in June this year had ordered SKW Tashi Metals and Alloys Private Limited, a silicon manufacturing company at ¬†Pasakha in Phuentsholing to pay Nu 10.95M to MMCL within three months which they failed.

As per the Supreme Court’s verdict, the two companies had done business between 2013 and 2015. The problem started in September 2015 when both the companies had a meeting in New Delhi where SKW Tashi asked for Nu 10 M as advance from MMCL by assuring them to send a hundred metric tonnes of calcium silicide within one month. Following that, MMCL deposited the money in SKW Tashi Company’s account. However, SKW did not supply any material as assured. MMCL then followed up by sending one of their employees to Phuentsholing only to discover that SKW Tashi Company had shut down since July 2015, more than two months before the meeting in New Delhi.

MMCL’s repeated requests to refund the money were ignored following which MMCL took the case to the Phuentsholing Dungkhag Court in 2017.

The court passed the judgement in their favour asking SKW Tashi to return Nu 10 M within three months. Unsatisfied with the judgement, SKW Tashi appealed to the Chhukha Court and the court upheld the verdict of the lower court and asked SKW Tashi to immediately make the payments to MMCL.

SKW Tashi then took the case to the High Court in July last year where the High Court slammed SKW Tashi Metals and Alloys Private Limited for commercial fraud and ordered the company to pay Nu 10.95 M.

After that, SKW Tashi Metals and Alloys Private Limited appealed to the larger bench where they upheld High Court’s verdict. The SKW Tashi Company again appealed to the Supreme Court, the Supreme Court upheld the lower court’s judgement.

Sonam Pem

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