KALRA IRON STORES Vs. FARIDABAD FABRICATORS (P ) LTD

JUDGEMENT

(1.) The winding-up petition (C.P. No. 138 of 1988) has been filed by Kalra Iron Stores seeking an order of winding up of the respondent, Faridabad (P.) Ltd. (for short, "the company") on the ground of the inability of the company to pay the debts due to the petitioner. Para 2 of the winding up petition reads :

(2.) The constitution of the petitioner-firm has not been stated in the winding up petition. It has not been stated whether the petitioner is a sole proprietorship firm or a partnership firm. The petition is supported by an affidavit of Gajindra Kalra. The portion of the affidavit relevant for the present purpose reads thus :

(3.) Notice was issued to the company to show cause why the petition be not admitted. In the reply affidavit filed by the company a preliminary objection has has been taken that the petitioner has not stated the constitution of the petitioner concern and that it is obligatory for the petitioner to state the nature and constitution of the petitioner. An objection has also been raised in the preliminary objections to the nature of affidavit. The company has pleaded that an affidavit to the effect that "the contents are true to the best of my knowledge" is not an acceptable affidavit and is liable to be rejected and moreover particulars of the record have not been disclosed.