This petition is by a creditor of the company for its compulsory winding up. The ground on which the petitioner seeks the order is that the company, in spite of his notice of demand dated October 31, 1960, to pay a sum of Rs. 26, 400 for services rendered as its managing director from July 1, 1958, to August 6, 1959, has failed to comply with the demand down to- date. The other ground of the petitioner is that the company is also unable to pay its debts

This is a private limited company, of which the petitioner was the managing director until August 6, 1959. He resigned from that office with effect from the next day. But he continued to be a director of the company for some time thereafter. His case is that under article 107 of the articles of association , he was entitled to draw Rs. 2, 000 per mensem as remuneration for his services as managing director of the company, that though prior to April 1958, he did not draw his salary, he, however, did so from April to June, 1958. The company's year of account is stated to be 30the June. He claims that since the beginning of july, 1958, to the date of his resignation, the company was liable to pay his remuneration. According