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TMI Blog1984 (7) TMI 320X X X X Extracts X X X X X X X X Extracts X X X X ..... that the former company supplied goods worth Rs. 48,308 to the latter company against order No. 572/211, dated December 18, 1979, under the petitioning company's bill No. B/A-III/5, dated December 25, 1979 ; that despite reminders, the said company did not clear the bill; that on November 18, 1981, the petitioning company issued demand under section 434 of the Act, requiring the other company to pay Rs. 50,842.05, together with a sum of Rs. 200 towards the costs of notices within the specified period; and that in spite of the said notices, the other said company failed to make payment. Messrs Stephen Chemical Ltd. before the company judge admitted its liability regarding the price of the goods in question and paid up the principal amount. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the process of the court." In our opinion, the ratio of the Amalgamated Commercial Traders ( P. ) Ltd.'s case [1965] 35 Comp. Cas. 456 (SC), is not attracted to the facts of the present case. That was a case where a bona fide dispute was raised regarding the liability of the company sought to be wound up to the creditor to pay any debt and their Lordships felt that the creditor had initiated winding-up proceedings to put pressure upon the said company. In the present case, the principal amount of debt is not only not disputed but, in fact, had been paid to the creditor after the winding-up proceedings had been initiated before the company judge. The only question that remains is as to whether the creditor was also entitled to inter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... creditor to claim interest in the absence of any agreement regarding payment of interest or any other plausible ground, but the position would be entirely different where the amount alleged to be due from the company sought to be wound up included the principal amount of debt and the liability to the principal amount has been accepted before the company judge and the creditor is sought to be relegated to the civil remedy for getting the interest on the said principal amount. Lastly, the learned counsel argued that the company's appeal should be admitted as a matter of routine. In support of his contention, he relied upon Golcha Investment ( P ) Ltd. v. Shanti Chandra Bafna [1970] 40 Comp. Cas. 1128; AIR 1970 SC 1350, and Shanta G ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Rules of the Punjab and Haryana High Court and, therefore, the ratio of Golcha Investment ( P. ) Ltd. [1970] 40 Comp. Cas. 1128 (SC), and Shanta Genevieve Pommerat's cases, AIR 1983 SC 269 ; [1985] 57 Comp. Cas. 469 (SC), is not attracted to the facts of the present case. The relevant amended rule 1( i ) of Chapter 3B, Volume V, of the Punjab and Haryana High Court Rules reads as under : "1. Subject to the provisione hereinafter set forth, the following classes of cases shall ordinarily be heard and disposed of by a judge sitting alone : ( i )a motion for the admission of first appeal against decree of subordinate court, regular first appeal under the Land Acquisition Act, regular second appeal, first appeal against orde ..... X X X X Extracts X X X X X X X X Extracts X X X X
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