2006 (10) TMI 238

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....he company petition. The company petition was filed by the petitioner, the first respondent herein, claiming that the respondent-company, i.e., appellant herein was indebted to the petitioner to the tune of Rs. 14,47,369. The company petition was allowed and the respondent-company was directed to be wound up under the provisions of the Companies Act. A statutory notice as required under section 434 of the Companies Act was issued on December 8, 1998. However, the said notice was returned unserved. This is the observation of the learned company judge in his order dated April 26, 2001. So admittedly, no notice had been served in terms of section 434 of the Companies Act, when the company petition was filed. After the company petit....

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.... take the opportunity to cross-examine the witnesses. Then, the matter was posted for arguments. Again a representation was made by the respondent on November 7, 2000, stating that there was a chance of compromise between the parties. The matter was adjourned on 18 occasions, but no settlement was reached. Thereafter, the learned company judge relying on the evidence produced by the petitioner in the company petition allowed the petition. In this background, this appeal has been filed on the sole ground that no notice under section 434 of the Companies Act was served on the registered office, and therefore, even the subsequent knowledge of the respondent/ appellant could not cure the defect and the application for winding up could have n....

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....y of the notice, which has been annexed to the company petition, shows the address as "Devi Travels P. Ltd., 202, Aggarwal Bhawan, 35-36, Nehru Place, New Delhi-110019". Even the two directors Mr. Gulale Raisinghani and Dr. N. Mohanan, were also shown to be available at New Delhi. Mr. Gulale Raisinghani's address was given as "Director, Devi Travels P. Ltd., C-28, Mayfair Gardens, New Delhi-110016", whereas the address of Sri N. Mohanan was given as "Director, Devi Travels P. Ltd. No. 2, Pandit Pant Marg, New Delhi-110016". Learned counsel for the petitioner/respondent on the other hand, submits that it is too late in the day to complain that the notice has not been given at the registered office because the respondents in pursuance to t....