9911796707
TMI Blog2005 (3) TMI 466X X X X Extracts X X X X X X X X Extracts X X X X ..... ompanies Act seeking winding up of the respondent-company. The winding up is sought essentially on the ground falling under section 433( e ) of the Act [wrongly mentioned in petition as 433( c )] i.e. inability to pay debt. 2. In support of this averment, the petitioner has made following averment in para 10 of the petition: "That the petitioner company has served legal notices upon the r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... far as notice Annexure P-9 is concerned, the same though is described to be a notice given under section 434 of the Act, yet in my view it does not satisfy the requirement of section 434 ibid. 5. Mere perusal of section 434(1)( a ) of the Act would indicate that it uses the expression "...has served on the company, by causing it to be delivered at its registered office, by registered post ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . In the absence of such evidence, which alone is material for maintaining the petition, the petition cannot be held maintainable. 8. Learned counsel for the petitioner then contended by placing reliance on one signature on Annexure P-9 that it is served on company. I do not agree. Firstly, there is no averment to this effect in the petition. Secondly, what is averred in the petition ( i.e. p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the petition. I do not agree. Firstly, the petition is pending since last two years and no efforts were made to amend the petition. Secondly, it is not something which has come in existence during pendency of petition as subsequent event. Thirdly, what is required to be pleaded as one of the material facts in the petition for its maintainability has got to be so in the petition itself and cannot ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
