SECURE INDUSTRIES LTD Vs. STATE

JUDGEMENT

(1.) HEARD Sri Manish Nigam for the petitioner and Sri P.S. Agarwal holding brief of Sri. R.P. Agarwal for the respondent -company.

(2.) IN this creditors winding up petition notice were issued on February 25, 1999. The respondent -company has filed a counter affidavit. Sri S.P. Agarwal made preliminary objection namely that the notice of demand under Section 434(1) of the Companies Act, 1956, was not served upon the respondent -company and that the petition has not been filed by a person duly authorised by the respondent -company.

(3.) IT is alleged that the petitioner -company supplied brass sheets to the respondent -company. The initial supplies made vide bill Nos. 79, 80 and 85 in August, 1996, were admitted to be received by the respondent -company. Thereafter supplies were made vide bill Nos. 97, 183, 192 and 198 for which the petitioner -company received all the dues. The business relations continued up to September 4, 1977.