DIABARI TEA COMPANY LIMITED Vs. KANAK LATA SAHA

JUDGEMENT

(1.) The petitioner claims to have effected supplies to the tea garden of the company. According to the petitioner and the document being Annexure 'A' to the petition, a sum of Rs. 6,97,945.41 p. remained unpaid to the petitioner as at the end of the year 2000. Subsequent supplies were effected by the petitioner to the tune of Rs. 3,99,419/- during the year 2001. Payments totaling to Rs. 7,11,319.90p. have been received by the petitioner between May 2001 and February 2004. According to the petitioner, a sum of Rs. 3,86,045.41 p. remains due and owing from the company on account of principal.

(2.) The petitioner attempted to serve the statutory notice at the registered office of the company. Such notice was returned to the petitioner with the postal remark "Addressee not known". Another notice was served by the petitioner at the head office of the company at 229, AJC Bose Road, Calcutta - 700 020. The petitioner received the acknowledgment card evidencing receipt of such notice by the company at its head office. Such fact has not been denied in the affidavit used by the company.

(3.) It has been submitted before me that the presumption of the company's inability to pay could arise only upon statutory notice being received at the registered office of the company. This, it was submitted, had to be strictly construed and any other notice received by the company or the persons in management, would not suffice.