INDIRA BANERJEE, J. - (1.) THIS application under Sections 433, 434 and 439 of the Companies Act, 1956, is for winding up of Fort Gloster Industries Ltd., an existing company within the meaning of the Companies Act, 1956, having its registered office at 31, Chowringhee Road, Kolkata -700 016, hereinafter referred to as the company.
(2.) THE petitioning creditor claims to be a partnership firm carrying on business of manufacture of, inter alia, tapes and strips. The petitioning creditor claims to be registered as a Small Scale Industrial Unit with the Directorate of Cottage and Small Scale Industries. It is the case of the petitioning creditor that pursuant to and in terms of orders placed by the company on the petitioning creditor from time to time, the petitioning creditor supplied cold rolled steel tape of diverse quantities to the company. According to the petitioning creditor, the goods were duly received and accepted by and/or on behalf of the company. It is alleged that the petitioning creditor from time to time raised bills on the company in respect of goods supplied by the petitioning creditor to the company. Particulars of the bills have been given in paragraph 11 of the petition.
(3.) ACCORDING to the petitioning creditor, the company failed and neglected to pay bills aggregating to Rs. 2,45,671. The petitioning creditor issued letters dated November 8, 2003, December 30, 2003 and October 7, 2005, respectively, demanding payment from the company. The company, however, failed and neglected to pay the bills. The petitioning creditor, therefore, served statutory notice of demand dated February 14, 2006, on the company at its registered office.;