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TMI Blog2005 (5) TMI 341X X X X Extracts X X X X X X X X Extracts X X X X ..... on behalf of the creditor for winding up filed under sections 433( e ) ( f ), 434 and 439 of the Companies Act, 1956 read with rule 9 of the Companies (Court) Rules, 1959, of the respondent-company. 2. It is submitted that as per the orders of the respondent-company the petitioner-company had been supplying the material from time to time and along with the same, had been forwarding proper c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The sine qua non for winding-up of the company on the ground of its inability to pay the debts is that a statutory notice is duly delivered at its registered office. 6. In para No. 13 of the petition the petitioner-company averred as under : "13. That the petitioner through its counsel sent a legal notice dated 8th October, 2004 to the respondent-company by Regd. AD as well as UPC. The c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as not been produced on the record. The document at page No. 49 cannot be taken to be AD. Thus, the winding-up of the respondent-company on the ground provided under section 433( e ) of the Companies Act, 1956, is not tenable. 8. As regards to the ground given under section 433( f ) of the Companies Act, 1956, it is suffice to say that the respondent-company is not, as per the petitioner s own ..... X X X X Extracts X X X X X X X X Extracts X X X X
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