SALIL K. ROY CHOWDHURY, J.

( 1 ) THIS is a winding-up petition which was presented on 19th of November, 1975, and on the returnable date being 24th of November, 1975, direction was given to serve notice on the company and thereafter, on the 8th of December, 1975, directions were given for filing affidavits to the company to show cause, if any, as to why the winding-up petition should not be admitted and the petitioning-creditor was also given leave to file affidavit-in-reply and, thereafter, the matter was heard.

( 2 ) THE petitioning-creditor obtained a decree dated the 18th of October, 1972, from the Second Joint Civil Judge (Junior Division) at Baroda in Suit No. 606 of 1971. The petitioning-creditor's claim arose out of the non-delivery of goods carried by the company which were alleged to be missing and damaged. Thereafter, the petitioning-creditor served a statutory notice of demand under Section 434 of the Companies Act, 1956, dated the 26th of March, 1975, on the company for payment of the said decretal amount of Rs. 6,060 with interest and costs. In reply to the said statutory notice the company raised the question of the decree being obtained by fraud and collusion by i

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