9911796707
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Issues:
- Dispute over payment between petitioner and respondent regarding electricity consumption charges and outstanding amounts. - Allegation of misleading conduct by petitioner in relation to electricity connection and expenses incurred by respondent. - Application for winding up of respondent company under Companies Act, 1956 due to unpaid debts. - Defence by respondent claiming a set-off and disputing the amount owed. - Examination of legal grounds for winding up a company and consideration of bona fide disputes in debt enforcement. Analysis: The petitioner, a public limited company, entered into an agreement to sell an alloy steel unit to the respondent, settling the sale consideration at Rs. 1.35 crores. Despite the transfer of the unit and ongoing electricity usage by the respondent, outstanding payments totaling Rs. 40,71,838 remained unpaid, leading to a winding-up application under the Companies Act, 1956. The respondent contested the claim, alleging that the petitioner misled them regarding the electricity connection and expenses incurred, claiming a set-off and disputing the amount owed. The court examined the legal grounds for winding up a company under section 433 of the Act, emphasizing that winding up should not be used as a means to enforce disputed debts. The court referenced precedents to highlight that a winding-up petition should not be used to pressure a debtor when a bona fide dispute exists. The court considered the agreement between the parties regarding the electricity connection and consumption charges, noting that the meter had not been transferred to the respondent's name. Discrepancies in the calculation of amounts due were raised, with the respondent claiming that more was owed to them than paid by the petitioner. Given the disputes over calculations and erratic electricity supply allegations, the court determined that the matter should be resolved in a civil court rather than through winding up proceedings. In conclusion, the court dismissed the company petition, emphasizing that the discretion for winding up cannot be exercised in favor of the petitioner due to the existence of disputes and the availability of alternative legal remedies. The judgment clarified that the dismissal did not reflect any opinion on the merits of the underlying dispute, highlighting the importance of resolving such matters through appropriate legal channels rather than winding up proceedings.
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