Ashim Kumar Banerjee, J. - (1.) Parties entered into an agreement for supply of industrial gas cylinder. Pursuant to the purchase orders placed from time to time petitioning creditor supplied cylinders to the company. Suppliers were all admitted. Part payments made by the company were also admitted as appears from the statement of account annexed to the affidavit-in-opposition filed by the company. According to the petitioner there had been an outstanding to the extent of Rs.42,78,831/- on account of balance price of the consignment as well as the sales tax amounting to Rs. 62,640/- whereas according to the company they were entitled to 15% discount which would amount to Rs. 47,48,373/- and they were entitled to have adjustment of the said sum against the outstanding which would result in refund of a sum of Rs. 4,69,542/-. The company also claimed damages for non-supply amounting to Rs.10,50,525/-.
(2.) Statutory notice of demand although received by the company was not replied.
(3.) The winding up petition was contested by the company by filing affidavit. In the affidavit-in-opposition the company not only denied several reminders annexed to the petition but also denied receipt of the statutory notice of demand although xerox copy of the acknowledgement due card was annexed to the winding up petition. The learned counsel appearing for the company on instruction contended that the signature appearing therein was not of any authorized representative of the company.;