The High Court dismissed an appeal against a Single Judge’s order staying the winding-up of a company contingent on payment. The Court held that where reasons are genuine, winding up petitions need not be entertained immediately and aggrieved parties may file a civil suit for recovery.
The appeal was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
APPEAL NO.402 OF 2009 IN
COMPANY PETITION NO.679 OF 2008
S.K.Gupta Pvt. Ltd. V/s.
India Steels Works Ltd.
.... Appellant
..... Respondent
Smt.K.S.Shinde i/by H.H.Nagi, for the appellant. Mr.H.C.Khokhawala i/by R.K.Associate, for the respondent.
CORAM :P.B.MAJMUDAR, & R.V.MORE, JJ.
DATE : DECEMBER 01, 2009
P.C.
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required to be entertained, as cogent reasons have been given by the learned Single Judge. We do not find any justification for interfering with the order passed by the learned Single Judge, as the appellant can take
appropriate recourse by filing appropriate civil suit for recovery of the
amount and to get the claim adjudicated.
dismissed.
( R.V.MORE, J. ) ( P.B.MAJMUDAR, J.)
2 issues framed by the court
Whether the High Court should interfere with the Single Judge’s order staying the winding up petition conditioned on payment.
Whether a winding up petition must be entertained immediately when a genuine dispute exists regarding specific invoices.
S.K.Gupta Pvt. Ltd.
India Steels Works Ltd.
P.B. Majmudar
R.V. More
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
