A. K. GANGULY, J.

( 1 ) THIS company petition has been filed by M/s. Garodia Hardware Stores, a registered partnership firm under the Indian Partnership Act, 1932 against Rameshwar Prosad Kejriwal and Sons Ltd. , a company incorporated under the provisions of Companies Act, 1956 as a private company limited by shares. The case of the petitioning creditor is that for the default of payment in Hardware and allied goods, the petitioning creditor filed a suit against the said company being Money Suit No. 13 of 1994 in the Court of Assistant District Judge, Golaghat (Assam) for the recovery of the prices of goods sold and delivered. On 10th February, 1997 the said money suit No. 13 of 1994 was decreed by the Assistant District Judge, Golaghat (Assam) against the company for an amount of Rs. 76,653/- with costs pendenti lite and future interest at the rate of 18% per annum and also for Rs. 6,881. 90p. as the costs of the suit. According to the calculation given by the petitioning creditor in para 8, a sum of Rs. 1,77,218. 90p is still due and payable by the company to the petitioning creditor. The case of the petitioning creditor is that despite repeated reminders, the company failed an

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