HIGH COURT OF
Bliss Graphics (P.) Ltd.
v.
Multi Layers Plastics
Sanjib Banerjee, J.
Company Petition No. 3 of 2004
April 18, 2007
Section 433 of the Companies Act,
1956 - Winding up - Circumstances in which a company may be would up - Petitioner
filed winding up petition against respondent-company for recovery of sum of Rs.
6,04,565 together with interest. In the counter affidavit, the company asserted
that out of amount due to petitioner a sum of Rs. 2,18,371.59 was adjusted
against claim in respect of its dealings with an associate concern of
petitioner and balance claim had been given up by petitioner on account of
material being rejected by the company. Certain letters allegedly issued by
petitioner were relied upon by the company support its claim - Petitioner,
however, contended that such letters had been brought into existence in support
of the company’s false assertions -
Whether manufactured documents, unless demonstrably false, afford a party
relying on it to have adjudication of same in proceedings other than where
summary procedure applies - Held, yes - Whether since genuineness of letter
relied upon by company as regards the adjustment claimed on account of inferior
quality of goods supplied required to be tested and it could not be concluded
that defence taken by company on such account was moonshine, petitioner was to
be relegated to a suit in respect of said amount - Held, yes - Whether,
however, petitioner’s account could not be debited for claims that company
might have against associate of petitioner and, therefore, petition was to be
admitted for Rs. 2,8,372 - Held, yes