JUDGMENT :

Suman Shyam, J.

Heard Dr. A. K. Saraf, learned senior counsel assisted by Mr. P. Baruah, learned counsel appearing for the petitioner. I have also heard Mr. R. Gogoi assisted by Mr. K. Singh, learned counsel representing the respondent.

2. The petitioner herein, is a partnership firm having its office at Chatribari Road, Guwahati in the State of Assam and is represented by its partner Sri Ashish Khejriwal. This petition has been filed under Section 433, 434 and 439 of the Companies Act, 1956, praying for an order from this Court for winding up of the respondent company due to its inability to pay the admitted debts.

3. The facts leading to the filing of this company petition, briefly stated, are these :-

(a) The respondent is a company within the meaning of Companies Act, 1956. The petitioner is a turn- key contractor of civil construction, fabrication and erection works. In view of the expertise of the petitioner firm in executing civil construction, fabrication and erection works, the respondent company had entered into two agreements with the petitioner firm viz, (i) agreement dated 01/01/2009 for execution of certain civil construction work in connection with the proposed