Ashis Kumar Chakraborty, J.

1. The petitioner in this application has prayed for winding up of the company under Sections 433(e), 434 and 439 of the Companies Act, 1956 (in short “the Act of 1956”).

2. It is the case of the petitioner that in terms of an agreement dated May 23, 2014 entered into between the parties, it advanced a loan of Rs.10 lakhs to the company, which was repayable on or before November 30, 2014 with interest at the rate 21%, per annum, compounded quarterly. A copy of the said agreement dated May 23, 2014 has been disclosed as Annexure-“C” to the petition. The said sum of Rs. 10 lakhs was paid by the petitioner to the company by RTGS, through its bank account maintained with the IDBI Bank, Brabourne Road Branch, The petitioner has disclosed a copy of the relevant portion of its bank statement showing payment of Rs. 10 lakhs to the company through RTGS. Since the company did not repay the said sum of Rs. 10 lakhs as per the agreed terms, within November 30, 2014 by a letter dated December 04, 2014 the petitioner called upon the company to pay its dues under the said agreement. By a letter dated December 18, 2014 the petitioner acknowledged the receipt of