1989 (12) TMI 282 - HC - Companies Law

Summary

Issues:
Company petition for winding up under sections 433, 434, and 439 of the Companies Act, 1956 based on the company's inability to pay debts as per section 433(e).

Detailed Analysis:

The petition was filed seeking winding up of the company due to unpaid debts, specifically citing an outstanding amount of Rs. 1,40,350.36. The petitioner claimed to have sent multiple letters and reminders to the company regarding the payment, but the company disputed the amount owed. The company admitted a liability of Rs. 32,855.36, which it considered time-barred. An interim order was passed directing the company to pay the admitted amount, which the company complied with. The petitioner argued that despite the payment, there were still amounts due, justifying winding up under section 433(e) of the Act.

The legal position regarding winding up under section 433(e) was discussed, emphasizing that if a company is unable to pay a due amount after notice, it may be ordered to be wound up. However, in this case, since the company disputed the balance amount claimed by the petitioner, and had paid the admitted sum, the court found no justification for winding up. The court clarified that the purpose of the petition was not to recover the debt but to wind up the company, and if the amount is seriously disputed, it does not warrant winding up under the provision.

A reference was made to a legal case that upheld the principle that a company petition is not an alternative for debt recovery, and equity should be maintained between the parties. The court highlighted that an interim order had already been issued for the payment of the admitted amount, aligning with the principles of equity. Consequently, the court concluded that the present case did not meet the requirements for ordering the winding up of the company, and thus, dismissed the company petition. Costs were awarded to the parties based on the circumstances of the case.