S.K.KESHOTE, J. - (1.) HEARD the learned counsel for the petitioner.
(2.) THIS petition presented on 13 -5 -2003 is under Sections 433 and 439 of the Companies Act, 1956 (for short, 'the Act, 1956'). Therein the prayer is made that M/s. Anita Tex Print Limited, SP35, RHCO Industrial Area, Kaladera -3033801, Chomu, District Jaipur, the respondent company be wound up. Further prayer has been made to put all the movable and immovable assets of the respondent company in the charge of the Official Liquidator attached to this Court immediately, even during the proceedings, and that the Official Liquidator be directed to make payment of the petitioner of the amount of dues along with interest at the rate of 18 per cent per annum till the date of realization. Award of costs has also been prayed for. In the petition it is alleged that the chemicals costing Rs. 1,64,277 was purchased by the respondent -company from the petitioner. In para No. 6 of the petition the petitioner stated that he sold and the respondent company purchased the chemical goods and regarding this he maintained accounts in the books and a Statement of Account and bill was sent to the respondent company previously asking the payments of Rs. 1,64,277 and Rs. 40,000 for which the respondent company gave cheques, which were dishonoured. On the record the petitioner has not produced any material whatsoever to prove that the respondent company has purchased from it the chemical goods worth Rs. 1,64,277 and Rs. 40,000. Alleged statement of accounts and the bill/invoices are not produced. The petitioner also not produced on record the cheques which were alleged to have been given by the respondent company and dishonoured. Thus, on record of the petition, the petitioner has not produced any proof of his alleged debt towards the respondent company.
(3.) DOCUMENT Ex.1 is a notice which is alleged to have been sent by the petitioner to the respondent company through his Advocate, demanding this amount. The notice is dated 9 -9 -2002. There is another notice on record as Ex.2 sent by the petitioner to the respondent company through Advocate, which is dated 17 -10 -2002. The petitioner sent last notice through the Advocate to the respondent company on 3 -5 -2003 which is Ex.5 on the record of the company petition.;