HOTEL HORIZON (P.) LTD. Vs. MANISH SHARMA

JUDGEMENT

(1.) This appeal arises from the order dated 2nd December 1998 passed in Company Petition No. 398 of 1996. By the impugned order the petition filed by the respondent for winding up of the appellant company has been admitted.

(2.) After issuance of the statutory notice by the respondent herein, neither any reply was sent by the appellant company, nor sufficient cause was shown for not proceeding against the appellant for winding up.

(3.) The learned Company Judge after hearing the parties, on perusal of the record and after taking note of the three grounds on which the petition was objected by the appellant viz., that the goods supplied were of substandard quality, there was bona fide dispute regarding the amount to be paid as the respondent had charged higher rates, and thirdly that the claim was barred by limitation during the pendency of the petition, held that the appellant had neither produced any evidence nor any material in support of their claim that the goods supplied were of substandard quality, or that there was bona fide dispute about the amount due and payable and further that this court has already held that if the liability subsists on the date of filing of the petition, merely because it stands barred after filing and during the pendency of the petition, it would not result in cessation of the liability of the company nor it would debar the petitioner from pursuing with the petition for winding up of the company.