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2004 (11) TMI 333

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..... of the company for discharge of their liabilities. The company from time to time acknowledged payment as would appear from several acknowledgements annexed to the winding up petition. Ultimately, a sum of Rs. 6,51,652 became due and payable. Statutory Notice of Demand was replied to by the company through their Advocate-on-record wherein except dispute raised on account of confirmation of accounts .....

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..... y of the Certificate of Incorporation dated 1st December, 2002 wherein it appears that the registered office of the company was shifted to 8 A.J.C. Bose Road with effect from 1-12-2002 and the Statutory Notice of Demand was served on February 7, 2004. It is not the case of the company that the registred office has again been shifted to some other place other than 8 A.J.C. Bose Road, Calcutta for w .....

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..... ot to the company and as such the company cannot be made liable for the same. From the confirmation of accounts annexed to the petition it appears that the company acknowledged the liability. The petitioning creditor in their Affidavit-in-reply annexed a Bank Statement of the company wherefrom it appears that the concerned payments were made by the petitioner. The company has not been able to deny .....

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..... edgement until payment. 4. The petitioning creditor would be entitled to publish advertisement once in "Anandabazar Patrika" and once in "The Statesman". Publication in Calcutta Gazette is dispensed with Returnable six weeks after publication. 5. The petitioning creditor is, however, directed not to publish the advertisement for a period of a fortnight from date. Urgent Xerox certified c .....

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