1969 (9) TMI 76

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Palaniswamy, J. - This petition is tiled under section 433(e) of the Companies Act for winding up the respondent-company on the ground that it is unable to pay the petitioner's debts. The respondent-company raises the dispute about the truth of the debt itself. The petitioner claims to have advanced a sum of Rs. 24,000 on June 4, 1967, to the company at the time when the management of the company....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....s. 24,000 and that the same delivery had been effected under gate pass, exhibit D-2. The other documents of the company, namely, the voucher, exhibit D-4, and the invoice, exhibit D-5, all stated the name of Sri C.R. Chandra. In the covering letter, exhibit D-6(a), written by Venkatasubbiah, the petitioner's brother, sent along with exhibit D-6 addressed to the respondent-company, it is stated tha....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e M.S.M. Lorry Service was taken back by the respondent-company as stated by the petitioner or had been delivered over to Sri C.R. Chandra in full settlement of the claim of Sri C.R. Chandra as contended by the respondent-company. Suffice it to note that the respondent-company has raised a dispute which is undoubtedly bona fide as would be seen from the documents of the company. As pointed out by ....