2005 (5) TMI 341

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.... ORDER 1. This is a petition on behalf of the creditor for winding up filed under sections 433(e) & ( f), 434 and 439 of the Companies Act, 1956 read with rule 9 of the Companies (Court) Rules, 1959, of the respondent-company. 2. It is submitted that as per the orders of the respondent-company the petitioner-company had been supplying the material from time to time and along with the same....

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....ty and accepted the debts. The sine qua non for winding-up of the company on the ground of its inability to pay the debts is that a statutory notice is duly delivered at its registered office. 6. In para No. 13 of the petition the petitioner-company averred as under : "13. That the petitioner through its counsel sent a legal notice dated 8th October, 2004 to the respondent-company by Regd. A....

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....nowledgement Receipt has not been produced on the record. The document at page No. 49 cannot be taken to be AD. Thus, the winding-up of the respondent-company on the ground provided under section 433(e) of the Companies Act, 1956, is not tenable. 8. As regards to the ground given under section 433(f) of the Companies Act, 1956, it is suffice to say that the respondent-company is not, as per the....