Samaresh Banerjea, J. - (1.) Both the appeals have been heard analogously and will be governed by the same judgment. The A.P.O.T. No. 399 of 2002 has been preferred by the appellant/ company against the judgment and order dated May 16, 2002 passed by the learned Company Court in C.P. No. 362 of 2001 admitting the winding up petition of the respondent/petitioning creditor and directing advertisements in default of payment made by the company to the petitioning creditor. The A.P.O.T. No. 398 of 2002 has been preferred against the judgment and order dated May 16, 2002 passed by the Company Court in C.P. No. 404 of 2001.
(2.) The respondent filed a winding up petition against the appellant on the ground that the respondents have lent and advanced the sum of Rs. 5 lacs to the appellant by A/c Payee Cheque which was repayable on demand after 3 months along with interest at the rate of 1596 p.a.
(3.) It was alleged that the appellant/company acknowledged the sum of Rs. 5 lacs by granting receipt and also confirmed the said amount and the interest by confirmation of accounts as on 1st April, 1998 and also issued a certificate of reduction of tax at source on 30th June, 1998.;