S. P. MEHROTRA, J.

( 1 ) THE present Company Petition has been filed by the Petitioner under Section 433 (c), (e) and (f) of Companies Act, 1956.

( 2 ) IT is , interalia, prayed that an order be passed for winding-up of the affairs of. the Company, namely, M/s. Sri Hari Wire and Wire Products Private Limited having its registered office at 77/39, Coolie Bazar, Kanpur ( hereinafter also referred to as the " Respondent-Company" ).

( 3 ) IT is, interalia, stated in the petition that the Respondent-Company is a Company limited by shares and had been incorporated under and in accordance with the provisions of the Companies act, 1956, and it has its registered office at 77/39, Coolie Bazar, Kanpur; and that the respondent-Company at the relevant point of time was engaged in the business of Metal Wire mesh/net.

( 4 ) THE names of the existing Directors of the Respondent-Company have been mentioned in paragraph 5 of the Company Petition.

( 5 ) IT is, interalia, further stated in the Company Petition that in the year 1998, Directors of the respondent-Company approached the Petitioner for loan of Rs. 5 lacs in order to enable them to meet their financial liabilities; and that on the request of the Respondent-Company as made through its Directors , an amount of Rs. 5 lacs was given by the Petitioner to the respondent-Company vide cheque No. 354359 dated 17th October, 1998 drawn on Allahabad bank , The , Mall, Kanpur; and that in terms of the mutual understanding, the said amount was liable to be repaid on demand along with interest @ 15% per annum.

( 6 ) IT is ,interalia, further stated in the Company Petition that the said cheque was duly encashed by the Respondent-Company.

( 7 ) IT is , interalia, further stated in the Company Petition that the statement of account for the year ending 31st March, 1999 showing the factum of payment of Rs. 5 lacs by the Petitioner to the Respondent-Company and the interest liability of Rs. 34,100/- on the aforesaid amount, calculated @ 15% per annum, was duly confirmed by the Respondent-Company through one of its Directors.

( 8 ) PHOTOCOPY of the statement of account, as maintained by the Petitioner, has been filed as annexure -I to the Company Petition.

( 9 ) IT is, interalia, further stated in the Company Petition that the Respondent-Company made payment of interest component which fell due on 31st March, 1999 by means of a cheque for a sum of Rs, 34,100/- dated 6th April, 1999, and the said amount has been duly credited to the account of the Respondent-Company on 7th April, 1999.

( 10 ) IT is, interalia, further stated in the Company Petition that the Respondent-Company paid a sum of Rs. 1 lac vide two cheques bearing no. 027648 dated 29th March, 2000 and no. 027649 dated 31st March, 2000, each for a sum of Rs. 50,000/-; and that the amounts of the said two cheques have also been duly credited to the Respondent-Companys account.

( 11 ) PHOTOSTAT copy of the extract of the Petitioners statement of account for the financial year ending 31st March, 2000 reflecting the aforesaid three entries towards repayment of the interest and the principal amount of Rs. 1 lac, has been filed as Annexure -II to the Company Petition.

( 12 ) IT is , interalia, further stated in the Company Petition that the last payment on account of debt amount was made by the Respondent-Company on 31stmarch, 2000, and the same have been credited to the Respondent-Companys account on 31st March, 2000 itself.

( 13 ) IT is, interalia, further started in the Company Petition that since thereafter not a single shell has been paid by the Respondent-Company in respect of the aforesaid debt either towards interest or towards principal.

( 14 ) IT is, interalia, further stated in the Company Petition that when despite repeated request the respondent-Connpany failed to discharge its liability, the Petitioner was constraint to cause notices to be issued to the Respondent-Company at its registered office and also to its Directors under registered co

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