(1.) Heard Dr. A. K. Saraf, learned senior counsel assisted by Mr. P. Baruah, learned counsel appearing for the petitioner. I have also heard Mr. R. Gogoi assisted by Mr. K.Singh, learned counsel representing the respondent.
(2.) The petitioner herein, is a partnership firm having its office at Chatribari Road,Guwahati in the State of Assam and is represented by its partner Sri Ashish Khejriwal. Thispetition has been filed under Section 433, 434 and 439 of the Companies Act, 1956, prayingfor an order from this Court for winding up of the respondent company due to its inability to pay the admitted debts.
(3.) The facts leading to the filing of this company petition, briefly stated, are these :-