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1998 (2) TMI 513

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....tion brought by General Engineering Works under sections 433 and 434, read with section 439 of the Companies Act, 1956, praying for an order of winding up against Apex Cables P. Ltd., hereinafter referred as the respondent-company. The facts averred in the petition are that the petitioner company upon confirmed order by the respondent-company had supplied CA Flat Wire, 33 Nos. of Coils, weighing 1....

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....d on record as Annexure P.8. Having failed to clear its due in spite of best efforts, the petitioner-company served statutory notice dated 10-10-1996 on the respondent-company and its directors, which was duly received by them. Copy of the postal receipt, registered acknowledgement due and notice have been placed on record as Annexures P. 10 to P. 12 respectively. 2. On the above facts notice w....

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....s, I am satisfied that the respondent-company is unable to pay its debts. Consequently, this petition is admitted and ordered to be published in the Indian Express, Jansatta (Hindi) and ^* Haryana Government Gazette, at least 14 days prior to the date of hearing." 3. The petitioner company has again filed an affidavit of service on record alongwith copies of Indian Express dated 3 -9-1997, J....