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2019 (5) TMI 1078 - HC - Companies LawWinding up petition - principal sum was due - interest amounts to a crystalised sum of money which the company has been unable to pay - HELD THAT - On query from Court petitioning creditor has not been able to show admission by the company of any settled sum on account of interest at agreed rate except that learned advocate appearing on its behalf before said co-ordinate Bench on 24th January, 2019 had said, entire amount of ₹ 18,16,927.63P shall be paid to petitioning creditor within 15th February, 2019. This, Court finds, is an admitted debt on interest. As such, the company is liable to be wound-up for not having paid it deeming it unable to pay. List under heading For Orders on 2nd May, 2019.
Issues:
1. Admission of winding-up petition against the company for failure to pay the claimed amount with interest. 2. Dispute regarding the payment of interest by the company leading to the winding-up order. Analysis: 1. The judgment dated 26th April, 2018 admitted the winding-up petition against the company as it failed to provide a bona fide defense to the petitioner's claim. The company was directed to pay the principal amount along with interest at the rate of 8% per annum from the date of receipt of the statutory notice. The petitioning creditor argued that the interest had crystallized into a sum that the company couldn't pay, necessitating the winding-up order. 2. The petitioning creditor claimed that the principal sum along with interest was due, and the company admitted to the principal amount. However, the interest remained unpaid. The company's advocate assured that a specific amount towards interest would be paid by a certain date, which the court deemed as an admitted debt. The failure to pay this admitted debt led to the conclusion that the company was unable to pay its debts, justifying the winding-up order. 3. The company's advocate mentioned a plan to liquidate the outstanding debt by a specified date, but the court decided to list the matter for further orders on a later date. The unresolved dispute regarding the payment of interest and the company's failure to clear the admitted debt played a crucial role in the court's decision to proceed with the winding-up order.
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