TMI Blog2015 (9) TMI 452X X X X Extracts X X X X X X X X Extracts X X X X ..... displayed legal sagacity in getting the winding-up of the Company postponed and avoided the publication in the Winding-up petition by praying for and obtaining leave to pay the debt in installments. Had he not done so, the Respondent would have had to pay the entire debit at once or face certain commercial death as a consequence publication/citation of Winding-up petition. The Respondent has abused the judicial process in order to delay the discharge of an acknowledged debt for almost a quarter of a century, in which period it has continued in business. These Appeals are allowed. - Respondent to directed to pay the said admitted dues - All these amounts are payable within 45 days from today. No extension for payment shall be granted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r that the statement made by the learned counsel for the Respondent that these amounts would be paid in ten equal installments commencing from 16.8.2002, was so done in order to avert the ordering of an advertisement/citation in the proceedings by the Company Judge. In Civil Appeal No. 7374 of 2005, the claim was for a sum of ₹ 8,08,314/- together with interest at the rate of ten per cent per annum together with ₹ 1,24,984/- which had been deducted by the Respondent on account of TDS. It appears that these amounts were admitted by the Respondent in terms of its letter dated 8.2.2000 as also in the Affidavit of the Manager (Corporate) of the Respondent who, at the material time, was its Principal Officer. In the said Affidavit, i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .3.2003 thus:- Whether such application for modification is at all maintainable is a question which is expressly left along with other questions for being decided by the learned Single Judge if and when such application for modification is filed by the Respondent . 4. Thereafter, a detailed Order came to be passed by the learned Company Judge on 22.8.2003 rejecting the prayer for re-hearing or modification of the consent Order, primarily on the premise that the so-called junior and an inexperienced counsel had rightly made the statement that the admitted debt would be paid in installments. The learned Company Judge had recorded that the Respondent Company was fully aware that Winding-up petitions were going to be admitted, which situ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sequence publication/citation of Winding-up petition. It is note worthy that the Respondent so is transacting business even today. The Division Bench has been inexplicably and unjustifiably considerate towards the Appellant. It is this kind of leniency that results in proliferation and prolongation of litigation, which approach has led to an almost insurmountable pendency of litigation. Learned counsel for the Appellant rightly relies on the decisions of this Court in Shrimati Jamilabai Abdul Kadar v. Shankarlal Gulabchand (1975) 2 SCC 609 and State of Maharashtra v. Ramdas Shrinivas Nayak (1982) 2 SCC 463. 6. We accordingly set aside the common impugned Order of the Division Bench of the High Court. The Respondent has abused the judicia ..... X X X X Extracts X X X X X X X X Extracts X X X X
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