A Petroleum distribution company Asharami Synergy Plc has
filed a winding up petition before a Federal High Court sitting in Lagos Nigeria
against Med-View Airline Plc, over inability of the Airline to pay a debt of
N43,548,652.50.
In a particulars of
indebtedness accompanying the petition, Asharami Synergy Plc company alleged
that, it supplied Med-View Airline Aviation fuel for the period January 2018 to
August 2018 totalling N43,548,652.50,the debt became due for payment by 31st of
August 2018 following which the petitioner made various demands and the Airline
promise to pay but could not.
The parties held a
meeting where it was agreed that by 28th February 2019 the Airline will pay the
entire sum. After the meeting Jenifer Ugorji the team lead- Retail Sales and
marketing of the petitioner sent an
e-mail to the Airline’s Chief Executive Officer/Managing Director Alhaji Muneer
Bankole on the resolution of the meeting, but he did not respond to the e-mail
,Jenifer Ugorji then sent another e-mail to Serifat Olajide an accountant in
the employment of the Airline, she responded that the managing Director is out
of the country, but as soon as he comes back the Airline will commence payment
of the debt.
Thereafter,
the respondent paid a paltry sum of N500, 000 out of the outstanding sum of
N43,548,652.50.
Following the
inability of the Airline to pay the debt the petitioner briefed the law firm of
Le Pestro Solicitors to demand for the payment of the debt due.
Despite the various
express demands by e-mail and letters made by the petitioner the Airline still
failed, refused and neglected to liquidate its outstanding indebtedness to the
petitioner till date.
The petitioner
stated further that the outstanding indebtedness of the Airline to the
petitioner is colossal and has continue to attract interest and hardship to the
petitioner.
Consequently,
the respondent is insolvent and unable to pay its debts. The petitioner
therefore humbly prays as follows:
That MED-VIEW
AIRLINE PLC RC 604313 be wound up by the court under the provisions of section
409(1) and 410(1)(b) of company and allied Matters Act cap C20 laws of the
Federation of Nigeria 2004.)
However, in a
counter affidavit against the petition sworn to by Serifat Olajide, she denies
all the depositions of the petitioner and averred that the Airline knows a
company called So Aviation limited as supplier of Aviation fuel and the company
subsequently changed to the petitioner.
The transaction between the petitioner and the respondent
started as far back as December, 2015.and prior to August, 2018.it was a smooth
and mutually beneficial relationship between the parties as payment were made
regularly and supplies were on mutual understanding.
The presiding
Judge Justice Chukwujekwu Aneke has adjourned for hearing.
