The court dismissed a petition for winding up filed by a transporter against a company. The court held that because a bona fide dispute existed regarding transportation charges and alleged deficiency in service, winding up was not the appropriate remedy.
The Company Petition is dismissed.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
COMPANY PETITION NO.465 OF 2008
In the matter of winding up of Pankaj
Aluminium Industries Pvt. Ltd.
Orissa Bengal Carrier Pvt. Ltd. : Petitioner
Mr.Leena R. Temkur for the petitioner.
Mr.Raj Patel i/b. K.V.Aiyar & Associates for the
respondent.
CORAM : S.A. BOBDE, J.
DATE : SEPTEMBER 25, 2008.
P.C.
1. This is a petition for winding up of the
respondent-company. The petitioner is a transporter and
they have made a claim for recovery of Rs.4,59,281/- with
interest for transportation charges. The learned counsel
for the petitioner contended that the dispute raised by
the petitioner in reply to the statutory notice is not
bona fide and has been raised after about two years.
However, the learned counsel for the respondent points out
two debit notes dated 29.5.2006 and 9.4.2006 making a
claim on account of deficiency in service and for wrongful
diversion of goods. The claims are in the sum of
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Rs.4,56,919/- and Rs.37,01,241/-, respectively. It
appears from the contention of the parties that the
respondent has a bona fide dispute. There are several
reasons set forth by the respondent for making a claim
which includes false billing, over-billing, withholding of
of goods in transit, wrong bills and joining hands with
another party to cause loss. The said claims are set out
in detail in the reply to the statutory notice at exh.‘G’.
2. In this view of the matter, it appears that there is a
bona fide dispute in relation to the claim and the
petition for winding up is not the proper remedy. The
Company Petition is dismissed.
S.A. BOBDE, J.
2 issues framed by the court
Whether a bona fide dispute regarding transportation charges renders the petition for winding up of the company not the proper remedy.
Whether the claims raised by the respondent regarding deficiency in service and wrongful diversion of goods constitute a bona fide dispute.
Orissa Bengal Carrier Pvt. Ltd.
Pankaj Aluminium Industries Pvt. Ltd.
S.A. Bobde
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court