S. K. ROY CHOWDHURY, J.

( 1 ) THIS is a winding-up petition which was presented on the 7th of January, 1980, and on the returnable date notice was directed to be served on the company along with a copy of the petition. The company appeared and took leave to file, an affidavit to show cause why the winding-up petition should not be admitted. The petitioning creditor also took leave to file an affidavit-in-reply.

( 2 ) THE petitioning-creditor's claim arises out of sale of C. I. Scrap (Skull) at agreed rate to the company which was received by the company on the 23rd of April, 1979, and the petitioning creditor submitted its bill on the 23rd of April, 1979, for the sum of Rs. 10,831,22. The said bill was accepted without any objection and the company also issued a receipted challan and weighment certificate in respect of the said goods and accepted the bill of the petitioning-creditor. Copies of the bill, the. weighment certificate and receipted challan are annexed to the petition and the originals were produced at the time of hearing before me. It is alleged by the petitioning-creditor that objection was never raised in respect of the said goods or the goods received by the compan

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