9911796707
TMI Blog2001 (11) TMI 938X X X X Extracts X X X X X X X X Extracts X X X X ..... is O.S.A. is filed against the order of the learned Company Judge dated 24-11-2000 passed in Co. P. No. 8 of 1998 whereby the learned Company Judge has declined to issue a direction for winding up of the company. However the learned Company Judge left it open to the appellant to file a suit in regard to the disputed amount in accordance with law. 2. In the instant case the appellant claimed pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by the respondent, directed to file a suit in regard to the said disputed amount in accordance with law as stated above. 4. The main grievance of the learned counsel for the appellant is that the appellant is a small scale industry, and once it has entered into a contract with the respondents, the appellant is entitled to interest and the learned Company Judge has lost sight of paragraph 7 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be dealt with as per the terms of the agreement. Any violation of the terms of the contract cannot ipso facto come within the purview of section 433 of the Companies Act, 1956 ( the Act ) for winding up for the company. It is also seen that it is not the legislative intention that the Company Court should be converted itself into a ordinary Civil Court and proceed to hold a trial at the instance ..... X X X X Extracts X X X X X X X X Extracts X X X X
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