RAMAPRASADA RAO J.

This appeal is directed against the judgment and decree of Sethuraman J., who refused to wind up a company which was sought to be wound up on an application filed by the appellant as petitioning creditor on the only ground that the respondent-company is unable to pay its debts. The appellant-firm is a partnership. It seeks the winding up of a private limited company. The promoters of the company were S. K. Somani and his wife, Hemalatha. His two brothers, N. K. Somani and M. K. Somani, are the directors of the respondent-company. They vacated at one particular point of time since they did not have the requisite qualifications to hold the office. The case of the petitioning creditor as disclosed in the petition is as follows : In or about January, 1971, S. K. Somani, one of the promoters of the respondent-company started a business under the name and style of "Shadiram and Sons" as guardian of his minor son. This firm at some point of time, due to certain civil proceedings between S. K. Somani and his brothers, was converted into a partnership. Accordingly, a partnership was formed with the wives of the two brothers and the minor son of S. K. Somani who