2015 (4) TMI 110 - HC - Companies Law

Petition for winding up under Section 433(e) - Goods found defective and returned - Rejection note, Debit note and Carrier's receipt - Held that - Since disputed questions of fact arise in the present petition which would require the parties to lead evidence on the issue of genuineness or otherwise of the Rejection note, Debit Note and the Carrier's Receipt, in my view, the present petition would not be maintainable and the parties would have to prove their respective case before a competent civil forum. The Petitioner has already filed a suit for recovery. These aspects would be considered by the Civil Court before whom the said suit has been filed.The Petition is accordingly dismissed as not maintainable. The Petitioner would be at liberty to pursue its remedy before the Civil Court. - Petition dismissed.

Summary

Issues:
Petition for winding up under Section 433(e) - Disputed payment of balance amount - Allegations of defective goods and return - Jurisdiction of Company Court for summary winding up proceedings.

Analysis:
The petitioner filed a petition seeking winding up of the respondent company under Section 433(e), claiming non-payment of a balance amount of Rs. 6,17,851 for supplied chemicals/materials. The petitioner alleged that despite repeated requests and a statutory notice, the respondent failed to pay the outstanding sum. The petitioner relied on communications and an email from the respondent acknowledging the payment process. On the other hand, the respondent contended that the goods supplied were defective, leading to a rejection note and a debit note of Rs. 6,71,851 issued to the petitioner. The respondent claimed to have returned the goods, supported by a rejection note, debit note, and carrier's receipt showing the return of 246 bags.

The respondent argued that since the goods were returned before the statutory notice, their liability to pay ceased. The petitioner, however, claimed that the documents provided by the respondent were forged and fabricated, including the stamp and signatures. The petitioner disputed the authenticity of the receipt and the existence of the person who allegedly signed it. The court noted that the Company Court's jurisdiction in winding up matters is summary and not for resolving disputed factual issues. It emphasized that winding up proceedings are not meant for recovery but for addressing clear liabilities.

The court found that the case involved disputed questions of fact, such as the genuineness of the rejection note, debit note, and carrier's receipt, which necessitated a trial and detailed adjudication. Therefore, the court held that the petition was not maintainable in the Company Court and advised the parties to pursue their claims in a civil court. The petitioner was granted liberty to continue their recovery suit in the appropriate civil forum. The court dismissed the petition, emphasizing that the civil court would assess the evidence and decide the matter impartially. Both parties were directed to bear their own costs, and the judgment did not prejudice the ongoing civil suit between them.