( 1 ) ORDER dated July 20, 1981 a winding up petition instituted by Harish Bansal and some other praying for the winding up of M/s Moti Films Pvt. Ltd. , was admitted after issue of show cause notice and citation was directed to issue. The company and one of its Directors have appealed to challange the validity of the said order. The order under appeal shows there are five grounds on which the petition has been admitted. These are : (a) that previously a petitition with lessor allegations, being C. P. 64 of 1980 had been admitted; (b) that there were statements in the pleadings showing that the Company was in the nature of a partnership from which the petitioners had been ousted from mangements. The judgment in the case of Ebrahimi v. Westbourne. Galleries Ltd. , (1973 Appeal Cases 360) was relied upon and a document dated May 2, 1980 showing the nature of partnership was relied upon. (e) Sums of money due to Mrs. Madhu Bansal and two of the partnership firms had not been paid, so the Company was unable to pay its debts. Moreover, it was claimed that the capital has been wiped out due to the loss of Rs. 1,20,000. 00 in the first year. (d) There were allegations of lack o