Home Case Index All Cases Companies Law Companies Law + HC Companies Law - 2008 (8) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2008 (8) TMI 572 - HIGH COURT OF GAUHATIWinding up petition - Held that:- It is well-settled law that a creditor's application for winding up of a company is ordered only in such cases where the claim of the creditor is undisputedly or indisputably an enforceable claim. In view of our discussions above, the claim of the respondent-company petitioner appears to be at least a partially disputed claim both on questions of fact and law. On January 4, 2008, this court recorded that pursuant to an earlier interim order dated December 10, 2007, passed in Misc. Case No. 4169 of 2007 in the present appeal the appellant deposited an amount of ₹ 30,00, 000 by three cheques drawn on the Federal Bank Ltd., Fancy Bazar Branch, Guwahati with the registry. This court further recorded that the respondent-company petitioner shall be at liberty to withdraw the same. In the circumstances, in view of our conclusion that the claim of the respondent-company petitioner is only a disputed claim in part the respondent shall retain the amount and the same shall be adjusted towards the amount, if any, found due to the respondent in any appropriate proceeding that may be initiated by the respondent, as indicated earlier.For the reasons discussed hereinabove, we are satisfied that the appellant has been able to make out a case for interference. Accordingly, the impugned judgment and order dated September 18, 2007, passed in Company Petition No. 16 of 2005 by the learned single Bench is hereby set aside. However, it is open to the respondent-company the petitioner to move such appropriate forum for the recovery of money claimed by him.
|