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TMI Blog2007 (3) TMI 395X X X X Extracts X X X X X X X X Extracts X X X X ..... gtani, Anurag Gokhale, Mayur Bhojwani and M.K Ambalal for the Respondent. JUDGMENT Dr. D.Y. Chandrachud J. The petitioner claims to be the holder in due course of two bills of exchange dated December 15, 2002, in the amount US $ 2,165,000. The endorsement in favour of the petitioner is alleged to be dated January 28, 2003. The bills of exchange were payable on March 15, 2003. Certa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of two years after the date of maturity until on February 4, 2005, a notice was issued by an advocate on behalf of a U. K. based company by the name of "Carbon Technologies Ltd." The company submitted its reply to the notice on March 7, 2005. The notice was withdrawn by the advocate with the following statement : "With regard to the said notice and your aforesaid reply, our client has instructe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orms the subject-matter of the company petition. Significantly, a comparison of the notice dated February 13, 2006 (exhibit G to the company petition) with the first notice dated February 4, 2005, issued on behalf of Carbon Technologies Ltd. (exhibit C to the affidavit-in-reply) will show that the material averments contained in the two notices are virtually identical even to the extent of incorpo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se for the exercise of the jurisdiction for winding up is made out. That apart, the attention of the court has also been drawn to the financial status of the respondent and the following averment in that regard is contained in paragraph 3( c ) of the affidavit in reply : "The reserves of the respondent are to the tune of Rs. 4,613 crores and the assets employed are to the tune of Rs. 6,094 cro ..... X X X X Extracts X X X X X X X X Extracts X X X X
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