9911796707
|
Home
Issues:
Winding up petition under Section 433(e) read with Sections 434 and 439 of the Companies Act, 1956 based on the respondent's alleged inability to pay debts amounting to Rs. 15,06,980. Disputed authenticity of confirmation of accounts and unpaid invoices. Respondent's defense of payment made and challenge to petitioner's legal standing under Section 69 of the Partnership Act, 1932. Allegations of forged documents by both parties. Application of the principle of bona fide dispute in winding up proceedings. Analysis: The petitioner filed a winding up petition under the Companies Act, 1956, claiming the respondent's inability to pay debts amounting to Rs. 15,06,980, supported by a confirmation of accounts and unpaid invoices. The respondent countered, alleging the confirmation of accounts was forged and claiming full payment of the invoices. Additionally, the respondent argued that the petitioner, being an unregistered firm, lacked standing to file the petition under Section 69 of the Partnership Act, 1932. During the proceedings, both parties accused each other of presenting forged documents. The petitioner disputed the authenticity of a debit note raised by the respondent, while the respondent claimed the confirmation of accounts relied upon by the petitioner was fabricated. The court noted the disputed nature of the evidence and the absence of contemporaneous references to crucial documents in the winding up notice, casting doubt on the petitioner's claims and the respondent's defenses. In light of the conflicting assertions and the principle established by the Supreme Court regarding bona fide disputes in winding up cases, the court dismissed the petition and related applications. Citing the need for a trial to adjudicate the contested debt, the court emphasized that a genuine dispute must be resolved through appropriate legal proceedings, leaving all rights and contentions of both parties open for further action in the appropriate forum.
|
