2012 (4) TMI 835

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....ra, Advocates ORDER MANMOHAN, J. 1. Present winding up petition has been filed under Section 433(e) read with Sections 434 and 439 of the Companies Act, 1956 stating that the respondent is unable to pay its debts allegedly amounting to Rs. 15,06,980/-. In the petition, the petitioner has relied upon a confirmation of accounts at page 41 whereby the aforesaid amount of Rs. 15,06,980/- was ....

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....respondent has also referred to a debit note dated 4th December, 2006 raised by the respondent upon the petitioner-company. 3. Learned Counsel for the respondent states that entire amount due and payable by the respondent to the petitioner under the invoices has been paid. He further states that the petitioner firm is not a registered firm and by virtue of Section 69 of the Partnership Act, 193....

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....his Court if the petitioner was in possession of the aforesaid document, normal commercial prudence would require that it would refer to the same in contemporaneous document and in particular in the statutory winding up notice. However, neither in the contemporaneous letter dated 22nd July, 2007 nor in the statutory winding up notice the petitioner has relied upon the alleged confirmation of accou....