Unpaid debt: Winding up petition filed against Med-View Airline

Unpaid debt: Winding up petition filed against Med-View Airline

Sunday, January 19, 2020 7:56 pm


Justice

Akin Kuponiyi 

A Petroleum distribution company Asharami Synergy Plc has filed a winding up petition before  a Federal high court sitting in Lagos south west Nigeria against Med-View Airline Plc,over inability of the Airline to pay a debt of N43.5million.

In a particulars of indebtedness accompanying the petition, Asharami Synergy Plc alleged that it supplied Med-View Airline Aviation fuel for the period January 2018 to August 2018 totaling N43.5million. 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 of Retail Sales and Marketing Department of the oil company 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. Ugorji then sent another e-mail to Serifat Olajide an accountant in the employment of the Airline, she responded that the managing Director was out of the country, promising that 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 N43.5million. 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 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 hearing to a later date.

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