Leave to amend and add photocopy of the confirmation of account as Annexure-J Colly. Ms. Lalini S. Lodha, learned advocate for the petitioner states that true copy of the same shall be produced on record before the returnable date.
Heard Ms. Lalini S. Lodha, learned advocate for the petitioner. It transpires from the record that the respondent Company has confirmed the outstanding by a communication dated 19.4.2012 (Annexure-J to the petition). It also appears from the record that the petitioner has served statutory notice as contemplated under Section 433 and 434 of the Companies Act, 1956. It is also on record that the respondent Company has received the same. However, it transpires from the record that in reply to the same, the respondent Company has denied the confirmation as well as has taken a stand that the alleged debt is a time barred debt.
In view of the above, NOTICE to the respondent returnable on 15.6.2012.
[R.M.CHHAYA, J.] mrpandya