2005 (2) TMI 538

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....the petitioner and perused the entire record of the petition. 2. The petitioner by this petition under section 433(e) read with sections 434 and 439 of the Companies Act, 1956 ('the Act, 1956'), is praying for grant of the following relief : "(a)that the respondent-company M/s. Nicholas Piramal India Ltd., through its managing director, 100, Central Point, Morarji Mills Compound, Parle, Mumb....

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....ness transaction with the company. It is alleged in the petition that while appointing the petitioner distributor by the company it was agreed upon between the parties that the liability of all such medicines/pharmaceutical drugs, which will become expired on coming to end their expiry date as well as all such medicines/pharmaceu-tical drugs which stand damaged, will be on the company and the said....

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....itioner against the company is allegedly of Rs. 10,23,701.78. 4. The document exhibit A is the notice sent by the petitioner to the company through the advocate, therein the claim has been made of Rs. 16,06,065.02. Under this notice the petitioner called upon the company to pay the debt amount failing which it will take the action under the Act, 1956 or the remedy under the civil suit. The noti....

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.... two claims is another ground on the basis of which prima facie it can safely be inferred that the petitioner has not come up with clean hands and this petition is an attempt to recover the amount aforesaid at the threat of winding up. The petitioner has not filed the civil suit. The petitioner has adopted a short cut and attempted to get the adjudication of its claim without paying court fee. Thi....