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TMI Blog2001 (11) TMI 1037X X X X Extracts X X X X X X X X Extracts X X X X ..... e) read with Section 434 and 439 of the Companies Act, 1956 (for short the Act). 2. According to the petitioner, the respondent owes a substantial amount to the petitioner. However, it is alleged that the respondent is unable to repay its debts. Consequently, the affairs of the respondent deserve to be wound up under the aforesaid provisions of the Act. 3. According to the petitioner, the re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ith the requisitions herein. You are also required to pay a sum of ₹ 1,000/- (Rupees one thousand only) as costs of this notice. 6. A perusal of the notices clearly shows that they were issued under the provisions of the Negotiable Instruments Act and not under the provisions of the Act. 7. The provisions of the Act require certain formalities to be completed, one of which includes a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndent. 10. Learned Counsel for the petitioner contended that a composite notice can be sent to the respondent. Even if this proposition is accepted, the fact still remains that the notices dated 30th May, 2000 were not composite notices but were notices issued only under the provisions of the Negotiable Instruments Act. I do not think that this line of argument will, Therefore, advance the case ..... X X X X Extracts X X X X X X X X Extracts X X X X
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