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of <h1>Dismissal of Winding-Up Petition Due to Disputed Debt and Lack of Evidence</h1> <h3>Sobhagya Appliances Versus Gagan Marketing (P) Ltd.</h3> Sobhagya Appliances Versus Gagan Marketing (P) Ltd. - [2010] 3 Comp. LJ 566 (MP) Issues:Petition for winding up under sections 433 and 434 of the Companies Act based on non-payment of debts. Dispute over outstanding dues and settlement agreement between the petitioner and respondent company.Analysis:The petitioner, engaged in the business of manufacturing gas stoves, filed a petition seeking winding up of the respondent company due to non-payment of debts. The petitioner maintained accounts with the respondent and its sister concern, alleging dishonored cheques and subsequent legal action under the Negotiable Instruments Act. A settlement deed was executed, but the respondent failed to adhere to the payment schedule, prompting a statutory notice for outstanding dues. The respondent disputed the liability, claiming full payment of dues through cash or demand drafts post-June 2003. The respondent challenged the petition's legitimacy, citing lack of evidence and disputing the settlement deed's authenticity. The petitioner, in response, denied receiving full payment and argued against the necessity of filing an account statement due to the settlement deed's submission.The court noted the absence of concrete evidence supporting the petitioner's claims of dishonored cheques and outstanding dues. Despite the settlement deed, the petitioner failed to provide authenticated documents or evidence of the alleged debts. The respondent contended that all dues were settled, denying the existence of court cases under the Negotiable Instruments Act. The court emphasized that a bona fide disputed debt with a substantial defense precludes a winding-up order, especially when the debt is disputed, denied, or doubted. As the alleged debt was not free from controversy and lacked conclusive proof, the court concluded that the petition lacked merit. Consequently, the court dismissed the petition for winding up the respondent company, citing insufficient evidence and a disputed debt as grounds for denial.
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