1. One Shri Ajay K. Verma has brought the present petition under Section 433 read with Section 439 of the Companies Act, 1956 which was registered as CP No.95/1983 for winding up of the company. The petitioner has filed the present petition on the premise that despite service of statutory notice dated 10th August, 1983, M/s R.G. Soft Drinks Private Limited-respondent company failed to pay the amount of Rs.33,600/-. The respondent-company has failed to pay this amount. The petitioner had contended that this amount was deposited on 7th June, 1983 as a business security which the respondent company was bound to refund to the petitioner.

2. The respondent had contested the petition. By an order dated 10th October, 1984, the petition was admitted. Thereafter, on 31st May, 1985, an order was passed on CA No.604/1985 under Section 442 and 443 of the Companies Act, 1956 in CP No.95/1983 appointing the Official Liquidator attached to this court as the provisional liquidator with directions to take into possession the records of the company.

3. Pursuant to the orders passed, the Official Liquidator issued a general notice dated 3rd June, 1985 assuming charge of the company and its a