Home Case Index All Cases Companies Law Companies Law + HC Companies Law - 2017 (1) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (1) TMI 685 - HC - Companies LawWinding-up petition - non-payment of the 'Professional Fees' - maintainability of petition - Held that:- The agreement between the parties about the providing of 'Professional Services' cannot be said to have a smooth sailing at that point of time also and no final 'admitted liability' crystallized in favour of the petitioner - Firm towards the said amount. The jurisdiction of winding-up of a Company cannot be exercised against a solvent Company, if the liability of the Respondent - Company is disputed bona fide by it. The winding-up petition cannot partake the character of a money recovery suit and unless the liability is clearly admitted by the Respondent - Company and is not paid-off, despite service of statutory notice, this jurisdiction is not available to be exercised for exerting any kind of pressure on the Respondent - Company. This Court is satisfied that in the present case, the present winding-up petition does not merit admission and therefore, with liberty to the petitioner - Firm to avail alternative remedy by way of a Civil Suit, the present winding- up petition is liable to be dismissed. The same is accordingly dismissed.
|