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1996 Supreme(All) 686

A.K.BANERJI
ALLIANCE CREDIT AND INVESTMENTS LTD. – Appellant
Versus
KHAITAN HOSTOMBE SPINELS LTD. – Respondent


Advocates Appeared:
R.P.AGRAWAL, S.P.MEHROTRA

A. K. BANERJI, J.


( 1 ) THE short question which is involved in the present winding-up petition is whether the petition is not maintainable on account of the fact that the statutory notice under Section 434 (1) (a) of the act was not served on the registered office of the company at Kanpur.

( 2 ) THE relevant facts in brief are that Alliance Credit and Investment Ltd. ("the petitioner" in short) had entered into a lease agreement with Khaitan Hostombe Spinels Ltd. ("the respondent-company") in respect of one set of electrical equipment with certain terms and conditions con-tained in the lease agreement. One of the conditions therein was that the respondent was required to pay in advance lease rentals every quarter at Rs. 5,32,534 plus sales tax on the agreed dates mentioned in the schedule to the agreement. The petitioners case is that the cheque dated August 5, 1995, issued by the respondent-company in respect of the lease rental was dishonoured by the bank. Subsequently, another cheque for an identical amount met with the same fate. The petitioner served a statutory notice of demand dated September 6, 1995, which was served by registered post on the branch office of the company a




















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