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Company petition under section 433(e) of the Companies Act, 1956 seeking winding-up order due to non-payment of debts. Dispute over the amount owed by the respondent company. Allegations of fraud and collusion by employees in manipulating records. Disputed debt and the obligation of the court to determine the genuineness of the dispute. Proper forum for resolving disputes over delivery of goods. Analysis: The petitioner, M/s. Anand Steels, filed a company petition seeking a winding-up order against the respondent, Bharath Earth Movers Ltd., due to non-payment of a sum of Rs. 13,67,697 for steel supplies. The respondent disputed the debt, alleging fraud and collusion by employees in manipulating records and payments. The respondent contended that it had sufficient assets and was a profit-making company, challenging the petitioner's claim. The court directed both parties to adduce evidence to determine the alleged liability of the respondent and whether it warranted a winding-up order. The court considered legal precedents emphasizing that a winding-up petition is a remedy to enforce payment of a just debt. However, in cases of disputed debts or debts arising from fraud, the court must ascertain the genuineness and bona fide nature of the dispute. The court referred to the Supreme Court's decision in Madhusudan Gordhandas and Co. v. Madhu Woollen Industries P. Ltd., highlighting the need for the company to establish a good faith defense likely to succeed in law. The court must be satisfied that the defense is genuine and supported by prima facie evidence. The respondent company, a Government company manufacturing heavy earth moving equipment, disputed the debt owed to the petitioner. The court noted the respondent's scanty evidence regarding non-delivery of goods and the contradictions in testimonies. It emphasized that the company court is not the proper forum to determine delivery disputes involving allegations of collusive fraud. The court opined that such complex issues should be addressed in a civil court where proper evidence can be led and specific issues raised. In conclusion, the court rejected the winding-up petition, reiterating that unresolved disputes over delivery or non-delivery of goods should be addressed in a civil court through a properly framed suit. The court emphasized that a decree in a civil suit would provide a clearer basis for considering a winding-up order. The court highlighted the importance of detailed evidence and legal proceedings in resolving complex disputes, indicating that the summary jurisdiction of the company court was not suitable for determining such contentious issues.
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