2001 (3) TMI 921 - HC - Companies Law

Court rejects winding-up petition in courier-newspaper dispute over barter; directs civil suit for contractual issues

First Flight Courier Ltd. Versus Indian Express Newspapers (Bombay) Ltd.

The court rejected the winding-up petition in a dispute between a courier company and a newspaper publishing entity over a barter arrangement. The court ... Winding up - Circumstances in which company may be wound up Issues involved:Dispute between a courier company and a newspaper publishing entity regarding a barter arrangement for transportation and publication of advertisements.Analysis:1. Barter Arrangement Modification: The dispute arose between the parties regarding a barter arrangement for transportation of newspapers and publications. Initially, there was a barter arrangement between the parties, but on 1-7-1997, a new arrangement was proposed where 75% of the invoice value would be set off against the barter arrangement, and 25% would be paid in monetary form. The petitioner claimed an outstanding amount of Rs. 1.78 crores from the respondent for services rendered between 1-7-1997 and 31-1-2001.2. Barter Component Dispute: The core issue was the non-utilization of the barter component by the petitioner. The respondent contended that any unutilized portion of the barter arrangement would lapse after a year, while the petitioner disputed this claim. The respondent argued that the petitioner failed to utilize the barter component effectively by not placing requisitions for advertisements, leading to the unutilized balance.3. Payment Dispute: Another issue was the non-payment of 25% of the total bill amount by the respondent for the period between July to October 1999. The petitioner claimed that bills for these months totaling Rs. 18,23,000 were not paid, representing 25% of the invoice value. However, the respondent disputed the amounts and stated willingness to reconcile and pay the legitimate dues.4. Court Decision: The court held that the issues regarding the barter arrangement and non-utilization of the barter component were not suitable for adjudication in a winding-up petition. The court emphasized that determining responsibility for non-utilization required evidence and could not be resolved through the winding-up process. As a result, the petition for winding up was rejected, allowing the petitioner to pursue remedies through a civil suit to address the contractual disputes and outstanding payments.In conclusion, the judgment highlighted the complexities of the barter arrangement, payment disputes, and the limitations of resolving contractual issues through a winding-up petition, directing the parties to seek resolution through a civil suit.