9911796707
TMI Blog2004 (10) TMI 334X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Act, 1956. Prayer has also been made for award of costs of the proceedings in favour of the petitioner. 3. The facts, as emerge from the petition, are that pursuant to the order placed by the respondent-company the petitioner supplied diamond impregnated segments of size 3850 × 180 × 3.5 mm. of type MHF-15 on each blade (30 Numbers) to the company and raised its invoice No. BWD/121 dated 22-6-1996 for Rs. 8,11,655 (Rupees eight lakhs eleven thousand six hundred fifty five only). From time to time the respondent Company paid various amounts to the petitioner in part payments of its liability. The petitioner in its normal and ordinary course of a business has been maintaining an account of the company wherein various paymen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er has not produced on the record any document from the Office of the Registrar of Companies, Rajasthan, Jaipur to satisfy that the registered office of the respondent Company is at D-20, N.B.C. Staff Colony, Near Ground, Khatipura Road, Jaipur. In the affidavit filed in support of the petition and more particularly in para No. 2 thereof it is not stated that the contents of para Nos. 2 to 4 are based on the record of the respondent Company. Para No. 3 of the petition reads as under : "3. that the Registered office of the company is situated at D-20, N.B.C. Staff Colony, Near Ground, Khatipura Road, Jaipur and Works at G-76-77, RIICO Ind. Area, Dadu, Jaipur (Rajasthan). That the authorised capital of the Company is Rs. 5,00,000." 8.The pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ll be deemed to be unable to pay its (a)if a creditor, by assignment or otherwise, to whom the company is indebted in a sum exceeding five hundred rupees then due, has served on the company, by causing it to be delivered at its registered office, by registered post or otherwise, a demand under his hand requiring the company to pay the sum so due and the company has for three weeks thereafter neglected to pay the sum, or to secure or compound for it to the reasonable satisfaction of the creditor; (b)if execution or other process issued on a decree or order of any Court in favour of a creditor of the company is returned unsatisfied in whole or in part; or (c)if it is proved to the satisfaction of the Court that the company is unable to pay ..... X X X X Extracts X X X X X X X X Extracts X X X X
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