Petitioner sought winding up of respondent for an undisputed debt claim. Court held that existence of disputed emails and lack of undisputed debt preclude maintenance of petition and dismissed it.
Petition dismissed; no order as to costs.
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.
40.cp.559.2014.doc
dik
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
COMPANY PETITION NO. 559 OF 2014
Hatim Glazing & Cladding Pvt. Ltd. ...Petitioner
vs
Bombay Dyeing & Manufacturing Co. Ltd. ...Respondent.
Ms Vidhya N Shet i/b Vaid & Associates for the Petitioner Mr Zal Andhiyarujina a/w Ms Rujuta Patil i/b Negandhi Shah & Himayatullah for the Respondent.
CORAM : S.C. GUPTE, J. OCTOBER 05, 2015
P.C. :
The Petition seeks winding up of the Respondent company on the basis of its claim arising under a work order issued by the Respondent to the Petitioner for certain glazing work. The claim is for a sum of Rs.7.77 lacs. The work order was for a sum of Rs.58 lacs out of which a sum of over Rs.50 lacs has already been paid towards execution of the work order. The balance payment is disputed by the Respondent company. The Respondent company has placed on record in its reply several emails exchanged between parties. These emails deal with various disputed aspects of the work carried out including approval of the designer, quality of work, belated completion giving a rise to liquidated damages, etc. These emails indicate that contemporaneously when the work was being carried out and money was demanded, several disputes were raised by the Respondent. These disputes persist till date. The correctness or otherwise of these disputes is not a matter for this court to go into. Obviously, evidence will have to be lead on these disputes to satisfy the Court that the Respondent indeed owes the alleged debt to the Petitioner. There is no case made out of an undisputed debt, on which a company petition could be based. The Petition is, accordingly, dismissed. There shall be no order as to costs.
( S.C.GUPTE J. )
Pg 1 of 2
40.cp.559.2014.doc
CERTIFICATE
Certified to be true and correct copy of the original signed Judgment/ Order.
Pg 2 of 2
1 issue framed by the court
Whether a company petition for winding up based on a disputed debt involving work order and pending emails can be maintained on prima facie basis.
1 provisions across 1 enactments
Hatim Glazing & Cladding Pvt. Ltd.
Bombay Dyeing & Manufacturing Co. Ltd.
S.C. Gupte
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
