2005 (2) TMI 539

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....erused 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') is praying for grant of the following relief, "(a) That the respondent company M/s. Nicholas Piramal India Limited, through its Managing Director, 100, Central Point, Morarji Mills Compound, Parle, Mumbai-12, be wound up under....

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....ompany. 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/ pharmaceutical drugs which stand damaged, will be on the company and the said expired date and damaged d....

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....y is allegedly of Rs. 10,23,701.78p. 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. 16,06,065.02p. 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 Civil Suit. The notice has been replied by the C....

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....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. This claim made by the petitioner does n....