I.P. Mukerji, J. - (1.) Facts and arguments:
(2.) THIS is a winding up application corning up for final judgment. Only the petitioning creditor and the company have appeared. No other person either supporting or opposing the winding up has appeared. The company had borrowed substantial sums of money from the petitioning creditor from 1997. A legal notice was served by the petitioning creditor upon the company on September 18, 2003 asking them to pay up the outstanding. Proceedings were taken by them before the Debts Recovery Tribunal, Lucknow. The said Tribunal issued a certificate on February 14, 2008 to the effect that the petitioning creditor was entitled to recover a sum of a little more than Rs. 17,00,00,000 from the company. The company preferred an appeal against such order before the Debts Recovery Appellate Tribunal at Allahabad, which, on December 15, 2008, affirmed the said final order of the said Tribunal while dismissing the appeal for default.
(3.) THIS winding up application has been filed on the ground that the company is unable to pay the said sum mentioned in the certificate of the said Tribunal.;