9911796707
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Issues Involved:
1. Inability to pay debt 2. Commercial insolvency 3. Bona fide dispute 4. Adequacy of security 5. Pending recovery proceedings 6. Just and equitable grounds for winding up Detailed Analysis: 1. Inability to Pay Debt: The petitioner bank contended that the respondent company was unable to pay a debt of Rs. 13,99,00,377 plus interest at 16.5% per annum, despite receiving a statutory notice dated 23-7-2002. The company had availed of bill discount and cash credit facilities, secured by an English mortgage and other security documents. The petitioner argued that the company's neglect to pay the debt indicated insolvency, justifying a winding-up order. 2. Commercial Insolvency: The respondent's advocate denied the company's insolvency, citing the balance sheet as of 31-3-2002, which purportedly showed commercial soundness. However, the petitioner bank's affidavit and the auditors' report indicated significant financial losses and liabilities, suggesting the company's financial instability. 3. Bona Fide Dispute: The respondent argued that the debt was disputed and that the petitioner had already filed a recovery application before the Debt Recovery Tribunal (DRT). The court examined whether the dispute was genuine or merely a tactic to avoid payment. The court found the respondent's defense to be neither bona fide nor substantial, as the company had neglected to pay the debt despite acknowledging the statutory notice. 4. Adequacy of Security: The respondent claimed that the securities provided were sufficient to cover the debt, but the petitioner bank argued that the security was inadequate. The court noted that the respondent had opposed all recovery proceedings, including those before the DRT, and had not demonstrated bona fide intent to settle the debt. 5. Pending Recovery Proceedings: The respondent contended that the winding-up petition was an abuse of process due to the pending DRT proceedings. The court held that the existence of pending recovery proceedings did not preclude the filing of a winding-up petition, especially when the respondent had not shown a willingness to settle the debt. 6. Just and Equitable Grounds for Winding Up: The court considered whether it was just and equitable to wind up the company under sections 433 and 434 of the Companies Act. The court found that the respondent's financial position was unsound, and the company had neglected to make the payment despite statutory notice. The court also noted that the company's defenses appeared to be manufactured to delay the payment. Conclusion: The court concluded that the respondent company's dispute to the debt was not bona fide or genuine. The material on record indicated that the company was not financially sound and had no ability to pay the debt. The securities were insufficient, and the respondent had neglected to make the payment despite statutory notice. The court found it just and equitable to pass a winding-up order and admitted the petition, giving the respondent eight weeks to settle the matter with the petitioner bank or deposit the money, failing which the winding-up order would take effect.
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