1998 (11) TMI 600 - HC - Companies Law

Summary

Issues:
1. Claim for winding-up due to unpaid debts by Luxmi Industrial Gases (P.) Ltd. against Punjab Chemi Plant International Ltd.
2. Dispute regarding rates and payments between the parties.
3. Validity of the notice served under sections 433 and 434 of the Companies Act, 1956.

Analysis:
1. The petitioner, Luxmi Industrial Gases (P.) Ltd., sought winding-up of Punjab Chemi Plant International Ltd. for unpaid debts. Luxmi Industrial Gases provided materials for a power plant project, with outstanding amounts totaling Rs. 14,37,245.73. Despite repeated reminders and agreements for payment, Punjab Chemi Plant failed to settle the dues, leading to the winding-up petition.
2. Punjab Chemi Plant contested the winding-up petition, claiming disputes over rates and transactions. They argued that the petitioner unilaterally increased rates, making the amounts claimed not payable. However, Luxmi Industrial Gases maintained that the rates were agreed upon and supported their claim with documents confirming the transactions and outstanding amounts. The court noted discrepancies in Punjab Chemi Plant's defenses and highlighted their lack of effort to clear admitted liabilities.
3. Regarding the notice served under sections 433 and 434 of the Companies Act, the court found that Luxmi Industrial Gases had properly served the notice to the Managing Director of Punjab Chemi Plant, which was admitted by the respondent. The court ruled that substantial compliance with the notice requirements had been met, as the notice contained all necessary details and the receipt was acknowledged.

In conclusion, the court admitted the winding-up petition by Luxmi Industrial Gases (P.) Ltd. against Punjab Chemi Plant International Ltd., citing the respondent's admitted liabilities and lack of bona fide defenses. The court also upheld the validity of the notice served under the Companies Act, rejecting the respondent's argument against it. The case was scheduled for further directions, with a notice to be published in relevant publications for the next hearing.