SALIL K. ROY CHOWDHURY, J.

( 1 ) THIS is a winding-up petition which was presented on the 20th December, 1979. On the returnable date, a notice was directed to be served along with the copy of the petition on the company. The company appeared and took leave to file an affidavit to show Cause why the winding-up petition should not be admitted and the petitioning creditor also took leave to file an affidavit in reply.

( 2 ) THE petitioning-creditor's claim arises out of the price of goods sold and delivered pursuant to the various orders placed by the company bet-been 22nd September, 1977 and 25th March, 1978, for various quantities of steel sections at agreed rates. Pursuant to the said orders, the petitioning-creditor duly submitted the bills along with the receipted challans to the company-particulars of which are set out in para. 8 of the petition. It appears that the company accepted the said goods and the bills in respect of the same without any objection and the total amount of the bills is Rs. 13,044 and, as the company failed to pay the said amount of the bills, the petitioning-creditor made a claim for interest and, thereafter, served several demand notices to the company

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