( 1 ) THIS appeal is directed against the order of the learned company judge dated August 16, 1982, in Company Petition No. 7 of 1982;

( 2 ) THE petition giving rise to the appeal was presented by the respondent creditor against the appellant on May 21, 1982, under Section 439 (1) of the Companies Act, 1956, for the winding up of the company. Learned company judge directed notice to issue. In compliance with the order dated May 21, 1982, notice was issued to the company and also to the directors for August 16, 1982, under registered cover. The office reported that acknowledgments had not returned nor were the notices received back undelivered. Learned company judge thereupon passed the impugned order on August 16, 1982, which reads :

"service held sufficient on the respondent company under Chapter VIII, Rule 12 of the Rules of the Court. The petition for winding up shall be advertised in the newspaper, Hindustan Times, published from New Delhi and Nav Bharat Times, also published from New Delhi, which is in Hindi. The petitioner shall get three advertisements made within a month. An affidavit along with the newspapers may be filed by the petitioner within a period o