9911796707
|
Home
Issues:
Petition seeking winding up of respondent-company under sections 433 and 434 of the Companies Act, 1956 based on non-payment for supplied machinery. Analysis: The petitioner, M/s. Praneet Enviroquips Private Limited, filed a petition under sections 433 and 434 of the Companies Act, 1956, seeking winding up of the respondent-company, M/s. Sandeep Papers Limited, for non-payment of Rs. 2,77,750 for a machine supplied. The petitioner alleged that the respondent failed to make payment despite repeated demands and filed a civil suit to delay payment. The respondent, on the other hand, contended that the machine supplied did not function as per specifications, leading to a loss, and that payment was to be made only after satisfactory performance as per the order terms. The respondent's contention was supported by the terms of the order for supply of the machine, which specified that payment would be made only after satisfactory performance in all respects. The respondent argued that the machine's efficiency was only 33%, below the specified standards, and that they were entitled to claim damages for the faulty machine. The petitioner, however, asserted that the machine was functioning properly and that the respondent had failed to make payment for the debt. The court noted that the facts were in controversy regarding the machine's performance and whether the petitioner could claim the entire amount. It emphasized that proceedings under sections 433 and 434 of the Companies Act, 1956, cannot be used to pressure for recovery, and winding up can only be directed if the defense is found futile or without basis. As a civil suit had been filed by the respondent and the performance of the machine was still disputed, the court concluded that it was not a fit case to direct winding up of the respondent company. The petition was dismissed, with a caution that filing a civil suit should not be influenced by the judgment. In conclusion, the judgment highlighted the importance of determining the satisfactory performance of supplied equipment before claiming payment and emphasized that winding up proceedings should not be used as a tool for recovery when disputes regarding performance exist. The court's decision was based on the lack of clarity regarding the machine's functionality and the ongoing civil suit, leading to the dismissal of the winding up petition.
|
