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Issues:
Petition for winding up under Companies Act, 1956 - Disputed claim for refund of expired/damaged medicines - Jurisdiction of court for winding up relief. Analysis: The petitioner filed a petition seeking winding up of the respondent company under section 433(e) of the Companies Act, 1956, claiming outstanding amounts for expired/damaged medicines. The petitioner, a distributor of pharmaceutical drugs, alleged that the company was liable to refund the amount for expired/damaged medicines and other expenses incurred in returning them. The total outstanding amount claimed was Rs. 10,23,701.78p. The petitioner sent a notice demanding payment, but the company disputed the claim. Subsequently, the petitioner initiated proceedings under section 434 of the Act, seeking recovery. The court noted discrepancies in the claims made by both parties, indicating that the petitioner had not come with clean hands and was attempting to recover the amount through the threat of winding up without pursuing a civil suit. The court found that the claim did not fall within the winding-up jurisdiction and was more appropriate for a civil suit, which the petitioner had avoided likely due to court fees. Consequently, the court dismissed the petition, stating that the relief sought could not be granted in this manner. In conclusion, the court dismissed the petition for winding up the company under the Companies Act, 1956, as the claim for refund of expired/damaged medicines did not fall within the winding-up jurisdiction. The court highlighted that the petitioner's failure to pursue a civil suit and the discrepancies in the claims indicated an attempt to avoid paying court fees. Therefore, the court found that the relief sought by the petitioner could not be granted through the winding-up process.
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