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1998 Supreme(AP) 79

K.S.SHRIVASTAVA
Color Coats, Sultan Bazar, Hyderabad – Appellant
Versus
Venkataramana Hotels Ltd, Banjara Hills, Hyderabad – Respondent


K. S. SHRIVASTAV, J.

( 1 ) THIS is an application under Section 433e and 434 (1) (A) read with Section 439 of the Companies Act, 1956 for winding up the respondent-company.

( 2 ) THE admitted facts in short are that the petitioner company carries on the business of painting work and at the request of the respondent company it had done painting work amounting to Rs. 16,91, 167-42 ps. and the respondent company paid an amount of Rs. 12,53,634. 98 ps. in 25 installments.

( 3 ) THE case of the petitioner company in brief is that on 11-5-1991 the respondent company had paid a sum of Rs. 50,000. 00and thereafter it did not pay any amount. Therefore, on 21-9-1991 the petitioner company sent a letter demanding the outstanding amount, to which the respondent company replied vide tetter dated 21-10-1991 that within a months time the claim would be settled. Again on 25-10-1991 and on 13-1-1992 demands were made through demand notices. But the respondent company did not reply. Therefore, on 12-8-1994 the petitioner company sent a statutory notice demanding Rs. 4,37,532-44 ps. This notice was neither replied nor complied. Therefore, the petitioner - company demands that the respondent company sh










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