9911796707
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Issues:
Winding up petition for recovery of Rs. 10,00,000; Dispute over liability amount; Validity of documents presented; Admissibility of winding up petition based on disputed debt; Effect of disputed debt on maintainability of winding up petition; Obligation to discharge debt in relation to land registration; Presumption of commercial insolvency based on non-payment of debt; Solvency of the company in question. Analysis: 1. The petitioners sought winding up of the respondent-company due to a recovery dispute of Rs. 10,00,000, as per an agreement from 15-5-1994. The respondent failed to make payments as per the agreement, leading to a statutory notice being served. The respondents contended that a portion of the debt should be deducted due to alleged losses. The case was remanded to the High Court after an appeal against the initial order admitting the petition. 2. The petitioners argued that the liability of Rs. 10,00,000 was admitted in writing, with no payments made towards it. They disputed the authenticity of a letter produced by the respondents to reduce the liability by Rs. 3,00,000, claiming it was fabricated after the agreement date. The petitioners maintained that the dispute raised by the respondents lacked substance and was raised belatedly. 3. The respondents contended that the disputed amount affected the maintainability of the winding up petition, citing the need for adjudication on the disputed debt. The court clarified that a disputed debt does not automatically render a winding up petition invalid unless the dispute necessitates adjudication. 4. The court emphasized the need to assess the substance of a dispute raised regarding a debt. It was noted that a fabricated defense or dispute without merit does not hinder the maintainability of a winding up petition. The court scrutinized the dates of documents to establish the authenticity of claims made by the parties. 5. The court discussed the doctrine of severability, allowing exclusion of disputed portions of a debt in a winding up petition if the remaining debt is undisputed. The court rejected the argument that a dispute over a portion of the debt required referral to a civil court, emphasizing the need for substantial grounds to dismiss a winding up petition. 6. The court addressed the clause in the agreement regarding land registration, stating that the obligation to discharge the debt remained regardless of the land transfer. The court found no valid reason for the respondents' failure to pay the outstanding amount, emphasizing the undisputed nature of the debt. 7. Non-payment of a debt over a considerable period can lead to a presumption of commercial insolvency. The court noted the lack of evidence presented to establish the financial solvency of the respondents, emphasizing the importance of timely debt repayment as a test of solvency. 8. The court admitted the petition based on a prima facie case established by the petitioners, directing them to advertise the petition and setting a returnable date for further proceedings. The court found grounds for admission based on the facts and legal considerations presented in the case.
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