KINGFISHER AIRLINES LTD. Vs. AEROTRON LTD.

JUDGEMENT

(1.) Respondent company Aerotron Limited, having its office in United Kingdom, had filed company petition No.214/2012 under Section 433(e) and (f) read with Sections 434 and 439(1)(b) of the Companies Act, 1956 for winding up of the appellant-company.

(2.) The case of respondent is that certain amounts were admittedly due to be paid by the appellant company to the respondent company for which an agreement was entered into between the two companies on 24.02.2012 whereby the appellant company had acknowledged its liability to pay the outstanding amounts in installments spread over several months between March and October, 2012. Appellant contested the matter by denying its liability to pay the said dues, on the ground that the same were disputed dues and it also raised an objection that since the respondent company was carrying on business in India with an established place of business in India and having failed to comply with the provisions of Sections 592 to 594 of the Companies Act, it would be prohibited from bringing a suit or instituting legal proceedings in India, as provided under section 599 of the Companies Act. After hearing learned counsel for the parties, vide a reasoned order dated 06.12.2013 passed by the learned Company Judge, company petition has been admitted and posted for hearing on the question of advertisement of the petition. Challenging the said order of admission of the company petition, this appeal has been filed.

(3.) We have heard Sri. S. V. Rajesh, learned counsel for appellant as well as Sri. S. S. Nag-anand, learned Senior counsel along with Sri. A. C. Achappa, learned counsel for respondent and perused the records.