2005 (11) TMI 263

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....eard Sri Manish Nigam for the petitioner and Sri P.S. Agarwal holding brief of Sri R.P. Agarwal for the respondent-company. 2. In this creditors winding up petition notices were issued on 25-2-1999. The respondent-company has filed a counter affidavit. Sri S.P. Agarwal made preliminary objection namely that the notice of demand under section 434(1) of the Companies Act, 1956, was not served upo....

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....s. 79, 80 and 85 in August, 1996, were admitted to be received by the respondent-company. Thereafter supplies were made vide bill Nos. 97, 183, 192 and 198 for which the petitioner-company received all the dues. The business relations continued up to 4-9-1977. 5. The demand relates to the first three supplies vide bill Nos. 79, 80 and85 for Rs. 92,757.51, Rs. 1,37,674.11 and Rs. 2,62,452.20 res....

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.... regarding dishonour of three cheques and that the statutory demand notice is alleged to have been sent after one year of the last supply made by the petitioner-company. This conduct, according to Sri S.P. Agarwal, is not the normal course of business. In case the supplies were not taken back, the petitioner-company would have at least made the demand for the amounts under these dishonoured cheque....