2004 (11) TMI 333

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....ced as well as money paid on hehalf of the company for discharge of their liabilities. The company from time to time acknowledged payment as would appear from several acknowledgements annexed to the winding up petition. Ultimately, a sum of Rs. 6,51,652 became due and payable. Statutory Notice of Demand was replied to by the company through their Advocate-on-record wherein except dispute raised on....

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.... allegations and annexed a Xerox copy of the Certificate of Incorporation dated 1st December, 2002 wherein it appears that the registered office of the company was shifted to 8 A.J.C. Bose Road with effect from 1-12-2002 and the Statutory Notice of Demand was served on February 7, 2004. It is not the case of the company that the registred office has again been shifted to some other place other tha....

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.... to the proprietorship concern and not to the company and as such the company cannot be made liable for the same. From the confirmation of accounts annexed to the petition it appears that the company acknowledged the liability. The petitioning creditor in their Affidavit-in-reply annexed a Bank Statement of the company wherefrom it appears that the concerned payments were made by the petitioner. T....