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1927 Supreme(Mad) 286

BEASLEY
P. R. Doraiswami Ayyar – Appellant
Versus
Coimbatore Easwara Sahaya Nidhi – Respondent


JUDGMENT

Beasley, J.

1. The petition for winding up is dismissed The only ground seriously put forward is that there is a debt owing to the petitioner, the payment of which he has demanded and there has been a failure by the company to comply with that demand within 21 days, the statutory period, and that entitles the petitioner to come before the Court and ask as a matter of right for the winding up of the company. It is vague statement made in the petition about the company being unable to pay its debts. That is not supported by a single figure or by any fact which will enable me to come to the conclusion that the company is not able to pay beyond its failure to comply with the statutory demand. That is not sufficient. The company in its affidavit puts forward the defence whilst submitting that the money is with it in fixed deposit that it is entitled to a claim against this money because under the Articles of Association and Rules of the Company, that money is deposited as security as it were for the conduct of the depositor, the Secretary in this case, and that where a Director has negligently recommended clients to the Bank, the Bank is entitled to claim against that Director an

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