https://www.taxtmi.com/caselaws?id=111178 Proof of due service of the statutory notice at the company's registered office is essential before a winding-up petition for inability to pay debts can succeed. The court noted that service by under postal certificate was a weak mode and the registered post acknowledgment was not produced, so compliance with section 434 was not established. On the material before it, the respondent's position suggested financial difficulty rather than a case for winding up, and the grounds under sections 433(e) and 433(f) were not made out. The application for appointment of a provisional liquidator also could not survive. The petition was dismissed, with liberty reserved to file a fresh petition if the debt remained unpaid after the notice period. en-us Mon, 09 May 2005 00:00:00 +0530 Fri, 20 Apr 2012 17:21:35 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=111178 Proof of due service of the statutory notice at the company's registered office is essential before a winding-up petition for inability to pay debts can succeed. The court noted that service by under postal certificate was a weak mode and the registered post acknowledgment was not produced, so compliance with section 434 was not established. On the material before it, the respondent's position suggested financial difficulty rather than a case for winding up, and the grounds under sections 433(e) and 433(f) were not made out. The application for appointment of a provisional liquidator also could not survive. The petition was dismissed, with liberty reserved to file a fresh petition if the debt remained unpaid after the notice period. Case-Laws Companies Law Mon, 09 May 2005 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=111178