IN THE HIGH COURT OF JUDICATURE AT PATNA COM PET No.3 of 2011 R.K. BERIWALA CARRYING ON BUSI Versus M/S NATRAJ IRON & CASTINGS LTD -----------
3. 11.3.2011 This is an application by a creditor for
winding up the respondent company M/s Natraj Iron
& Castings Ltd. It is stated that an advance of
Rs.1,00,000/- was paid by the petitioner to the
respondent company on 24.6.2008 for the supply of
certain goods which, on supply found to be not in
accordance with required sample, were returned and
since then neither the goods have been supplied
nor the money has been returned. It is stated that
the account has been confirmed by the respondent
company as per Annexure-5 to the company petition.
Despite statutory notice given on
28.1.2010 by registered post, the amount has not
been repaid within the said period of 21 days.
Admit.
Issue notice to the respondent company.
Requisites, etc. both under ordinary process and
registered cover with A/D must be filed within one
week, failing which the company petition shall
stand rejected without further reference to a
Bench.
Learned counsel for the petitioner is
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directed to advertise the petition in Form 48 in
two daily newspapers; one in English and another
in Hindi both published from Patna, namely, “The
Hindustan Times” (English) and “AAJ” (Hindi)
respectively within four weeks from today.
The date of hearing is fixed as 28.4.2011.
VPS ( Ramesh Kumar Datta, J. )