MIDWEST LEASING LIMITED Vs. AMBALAL SARABHAI ENTERPRISES LIMITED

JUDGEMENT

(1.) M/s.Midwest Leasing Limited has filed this winding up petition against M/s.Ambalal Sarabhai Enterprises Limited (hereinafter referred to as `the Company'). The said petition was filed somewhere in April 1992.

(2.) The facts of the case are as under:

(3.) Both these matters were heard together at length. The learned advocate for the Company raised the contention that the Company raises a disputed question of fact as to whether liabilities is of the Company or M/s.O.P.Mall & Associates. In fact, in this case, the petitioner had demanded amount from M/s.O.P.Mall & Associates and M/s.O.P.Mall & Associates had already paid Rs.7 lakhs to the petitioner. It was further stated that whether the liability of the payment is of the company or Mr.O.P.Mall is a disputed question of fact and therefore this petition raises a disputed question of fact and therefore the present winding up petition is not maintainable at law.