( 1 ) THE present petition is filed by the petitioners under Sections 433,434 and 439 of the Companies Act, 1956, praying for an order winding up the respondent company for its inability to pay the dues of the petitioners. The case of the petitioners is that petitioner No. 1 gave a loan of Rs. 70 lakhs on or about April 8,1993 by cheque No. 678716 drawn on American Express bank, Bombay, which was repayable by February 2,1994. It is alleged that the said cheque amount was debited to the account of petitioner No. 1 on April 20,1993. It is further alleged that the respondent failed to make any payment as against the aforesaid liability along with interest accrued thereon and therefore a statutory notice was issued to the respondent under Sections 433 and 434 of the Companies act.

( 2 ) WITH the aforesaid allegations a petition was filed in this Court under sections 433,434 and 439 of the Companies Act, which was registered as CP No. 176/1995, praying for winding-up of the respondent company for its inability to pay its dues. The respondent on service of notice entered appearance and contested the petition by filing a reply. A preliminary objection was taken by the respondent regarding maintainability of the petition on the ground that the statutory notice was not served on the respondent company in accordance with the mandatory provisions of Section 434 of the Companies Act. The aforesaid objection was considered by this court. This Court after considering the provisions of Section 434 construed that the provision requiring service of statutory notice on the respondent company specifically provides that such notice is to be served on the registered office of the company and that the said provision is mandatory which view is supported by the provisions of section 151 of the Companies Act which provides that the documents may be served on a company or an officer thereof at the registered office of the company by post under a certificate of posting or by a registered post and/or by leaving at its registered office. Said statutory notice was issued by the petitioners to the respondent at its office at Sector 37, Noida, and not at the registered office of the respondent at roop Nagar, Delhi, and in that view of the matter it was held that the aforesaid service of notice was not in accordance with and in terms of the aforesaid provision. It was also held that a statutory notice was addressed to the respondent company at C-41, Sector 37, NOIDA, U. P. , whereas from the letterhead of the company which the petitioners annexed as Annexure A, the said address is mentioned as Sector 57, noida, U. P. Having considered the entire facts it was held that the notice was not properly issued and served as required under the provisions of Section 434 (1) (a) of the Companies Act and therefore, the petition was held to be not maintainable and was accordingly dismissed. The said order was passed by this Court on July 31, 1997.

( 3 ) IT transpires from the records that thereafter the petitioners made out another notice under Section 433 and 434 of the Companies Act which is dated august 16,1997 and issued the same to the respondent at 7/8, Roop Nagar, Delhi- 110007. The said notice is annexed as Annexure e to the present petition and the same states as follows:

"speed POST A/d viraj Overseas (P) Ltd. Dated: 16. 8. 97 7/8, Roopnagar, delhi-110 007. Our Clients : State Bank Sea Shipping Company, Ukraine. Notice under Section 433/434 of the Companies Act. Dear Sir, take notice that a sum of Rs. 70,00,00/- (Seven million/seventy lakhs) was advanced to you on the 8th April, 1993 by our aforesaid clients by an account payee cheque being No. 678716 drawn on American Express Banking corporation. The said cheque amount was debited out of the accounts of our aforesaid clients on 20. 4. 1993. The aforesaid amount was payable by you on or by 2nd February, 1994. That you have failed to make the payment of the said liability and your debt/ obligati