Creditors cannot seek winding up without 1st issuing statutory notice u/s. 434(1)(a) to company’s registered office

HIGH COURT OF CALCUTTA SSS Loha Marketing (P.) Ltd. versus Bibby Financial Services India (P.)Ltd. C.P. No. 591 of 2011 FEBRUARY  5, 2013 JUDGMENT Sanjib Banerjee, J.  The company takes a preliminary objection that no presumption arises in this case of the company’s inability to pay its debts since no notice was issued by the petitioning creditor at the registered office of the company and, on the basis of the petition, it would be evident that the two other limbs of Section 434(1) of the Companies Act, 1956 are not attracted. 2. Upon this creditor’s petition for...