(1.) This order will govern disposal of Comp. 4/16 & 5/16 since it is jointly stated by counsel for the parties that both the company petitions involve same issue in identical facts situation based upon similar documents. The petitioners in both the petitions are husband and wife and respondent is a common party.
(2.) For convenience the facts have been noted from Comp. 4/16.
(3.) This company petition has been filed for winding upon of respondent company under Section 433(1)(e) of Companies Act on the ground of inability to pay the debts.