2001 (3) TMI 925 - HC - Companies Law

Court addresses dishonored cheques, quality disputes, admitted liability, and security for dues

The court addressed issues involving dishonored cheques, quality disputes over imported aluminium sheets, company's financial difficulties, deductions, ... Winding up - Circumstances in which a company may be wound up Issues:1. Dishonored cheques and outstanding dues.2. Dispute over the quality of imported aluminium sheets.3. Company's financial difficulties and acknowledgments of dues.4. Company's deductions and admitted liability.5. Counterclaim for damages and security for admitted dues.6. Furnishing a bank guarantee by the respondent company.Issue 1: The judgment addressed the matter of dishonored cheques and outstanding dues. The respondent company had issued cheques to the petitioner, but they were returned due to insufficient funds. The petitioner demanded payment, citing the Negotiable Instruments Act. The company claimed to have issued demand drafts in lieu of the dishonored cheques, partially settling the dues. The court noted the company's financial difficulties and the admitted outstanding amount due to the petitioner.Issue 2: A dispute arose over the quality of imported aluminium sheets. The company alleged that the sheets did not meet specifications, particularly in color, as per the purchase order. The petitioner contended that the sheets were in conformity with the required specifications for roofing material. The court analyzed the specifications and noted the lack of dispute regarding quantity or overall quality of the sheets.Issue 3: The judgment considered the company's financial difficulties and acknowledgments of dues. The company had corresponded with the petitioner, acknowledging the outstanding payments and seeking time for payment due to financial constraints. The court reviewed the company's communications and noted the acknowledgment of the debt owed to the petitioner.Issue 4: The court examined the company's deductions and admitted liability. The company made deductions, including for the imported aluminium sheets, but admitted a remaining amount due to the petitioner. Despite deductions, a significant sum was acknowledged as payable to the petitioner, indicating an admission of liability by the company.Issue 5: The judgment discussed the counterclaim for damages and security for admitted dues. The court highlighted that a claim for damages does not constitute a liquidated sum until adjudicated. The respondent was directed to furnish security, such as a bank guarantee, for the admitted dues to ensure payment during the pending suit.Issue 6: The judgment concluded by addressing the respondent company's obligation to furnish a bank guarantee within a specified period to secure the admitted dues. Failure to provide the bank guarantee would result in dismissal of the company petition. The court emphasized that the bank guarantee should not prejudice the parties' rights in the pending suit, which the trial court would decide on without influence from the current order.