“ 20. In case of E-city Media Private Limited vs. Sadhrta Retail Limited in CP No. 367 of 2009, the Hon,ble High Court of Judicature at Bombay has held that “The petition for winding up cannot be maintained upon a claim of damages.Damages become payable only when they are crystallised upon adjudication. Until and unless an adjudication takes place with a resultant decree for damages, there is no debt due and payable.Damages require adjudication. Until then, the liability of a party in alleged breach of a contract does not become crystallised.’ “21. Further, in case of Union of India vs Raman Iron Foundry (1974 AIR 1265, 1974 SCR (3) 556), it has been held that “the claim for unliquidated damages does not give rise to a debt until the liability is adjudicated upon and damages assessed by an adjudicatory authority. When there is a breach assessed by an adjudicatory authority. When there is a breach of contract, the party commits the breach does not eo instanti incur any pecuniary obligation nor does the party complaining of the breach become entitled to a debt due from the other party. The only right which the party aggrieved by the breach has is the right to sue for damages, and this is not an actionable claim .”’
