9911796707
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Issues:
Winding up petition under sections 433 and 434 of the Companies Act, 1956 based on outstanding debt. Dispute regarding liability and alleged breach of promise by the bank leading to company's financial loss. Analysis: The petitioner, a nationalized bank, filed a winding-up petition against the respondent-company for outstanding debts under sections 433 and 434 of the Companies Act, 1956. The company, M/s. Achal Alloys Pvt. Ltd., had availed financial assistance and overdraft facilities from the petitioner bank. The company failed to pay the debts amounting to Rs. 23,67,550 along with interest despite repeated notices and acknowledgments of the debt. The petitioner contended that the company's failure to pay the acknowledged debt entitled them to seek liquidation of the company. The company opposed the petition, claiming a bona fide dispute regarding the liability to pay the dues mentioned in the petition. The company alleged that the bank had assured credit facilities but later declined the sanctioned limit, causing financial loss to the company. The petitioner argued that the debt was undisputed, and there was no evidence of a bona fide dispute raised by the company. The court considered the arguments presented by both parties and examined the documents. The court observed that the company had acknowledged the debt and failed to pay despite receiving a statutory notice. While both parties cited legal authorities to support their contentions, the court found prima facie merit in the bank's case. The court noted that the company's failure to pay the outstanding debt after receiving the statutory notice supported the bank's position. The court acknowledged the existence of disputes between the parties but emphasized that the question of winding up would be addressed at a later stage. Consequently, the court admitted the bank's winding-up petition and directed further action in accordance with the Companies (Court) Rules, 1959. The case was listed for further proceedings on July 9, 1993.
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