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1 - 9 of 9 (0.46 seconds)Section 434 in The Companies Act, 1956 [Entire Act]
Pradeshiya Industrial & Investment ... vs North India Petrochemicals Ltd on 9 February, 1994
12. The law is well-settled that under Section 433(1)(e) read with
Section 434 of the Act a company can be ordered to be wound up if it is
unable to pay the debt, and that if there is a bona fide dispute with regard
to the debt claimed, the company cannot be ordered to be wound up.
The solvency of the company is relevant for judging whether the denial of
debt is bona fide or the same is a cloak or moonshine to evade payment
(See M/s. Madhusudan Gordhandas & Co. v. Madhu Woollen Industries
Pvt. Ltd. , Amalgamated Commercial Traders (P) Ltd. V. A.C.K.
Krishnaswami and another , Pradeshiya Industrial & Investment
Corporation of U.P. v. North India Petrochemicals Ltd. , Mediquip Systems
(P) Ltd. V. Proxima Medical System GmbH , Vijay Industries v. NATL
Technologies Ltd. , IBA Health (India) Pvt. Ltd. V. Info-Drive Systems
SDN.BHD , Krishna Kilaru and another v. Maytas Properties Ltd. and M/s.
India Bulls Housing Finance Ltd. V. M/s. South Asian Agro Industries
Ltd. ).
Mediquip Systems Pvt. Ltd vs Proxima Medical System Gmbh on 17 March, 2005
12. The law is well-settled that under Section 433(1)(e) read with
Section 434 of the Act a company can be ordered to be wound up if it is
unable to pay the debt, and that if there is a bona fide dispute with regard
to the debt claimed, the company cannot be ordered to be wound up.
The solvency of the company is relevant for judging whether the denial of
debt is bona fide or the same is a cloak or moonshine to evade payment
(See M/s. Madhusudan Gordhandas & Co. v. Madhu Woollen Industries
Pvt. Ltd. , Amalgamated Commercial Traders (P) Ltd. V. A.C.K.
Krishnaswami and another , Pradeshiya Industrial & Investment
Corporation of U.P. v. North India Petrochemicals Ltd. , Mediquip Systems
(P) Ltd. V. Proxima Medical System GmbH , Vijay Industries v. NATL
Technologies Ltd. , IBA Health (India) Pvt. Ltd. V. Info-Drive Systems
SDN.BHD , Krishna Kilaru and another v. Maytas Properties Ltd. and M/s.
India Bulls Housing Finance Ltd. V. M/s. South Asian Agro Industries
Ltd. ).
Madhusudan Gordhandas & Co vs Madhu Woollen Industries Pvt. Ltd on 29 October, 1971
12. The law is well-settled that under Section 433(1)(e) read with
Section 434 of the Act a company can be ordered to be wound up if it is
unable to pay the debt, and that if there is a bona fide dispute with regard
to the debt claimed, the company cannot be ordered to be wound up.
The solvency of the company is relevant for judging whether the denial of
debt is bona fide or the same is a cloak or moonshine to evade payment
(See M/s. Madhusudan Gordhandas & Co. v. Madhu Woollen Industries
Pvt. Ltd. , Amalgamated Commercial Traders (P) Ltd. V. A.C.K.
Krishnaswami and another , Pradeshiya Industrial & Investment
Corporation of U.P. v. North India Petrochemicals Ltd. , Mediquip Systems
(P) Ltd. V. Proxima Medical System GmbH , Vijay Industries v. NATL
Technologies Ltd. , IBA Health (India) Pvt. Ltd. V. Info-Drive Systems
SDN.BHD , Krishna Kilaru and another v. Maytas Properties Ltd. and M/s.
India Bulls Housing Finance Ltd. V. M/s. South Asian Agro Industries
Ltd. ).
M/S.Iba Health (India) Private Ltd vs M/S.Info Drive Systems Sdn Bhd on 21 October, 2009
12. The law is well-settled that under Section 433(1)(e) read with
Section 434 of the Act a company can be ordered to be wound up if it is
unable to pay the debt, and that if there is a bona fide dispute with regard
to the debt claimed, the company cannot be ordered to be wound up.
The solvency of the company is relevant for judging whether the denial of
debt is bona fide or the same is a cloak or moonshine to evade payment
(See M/s. Madhusudan Gordhandas & Co. v. Madhu Woollen Industries
Pvt. Ltd. , Amalgamated Commercial Traders (P) Ltd. V. A.C.K.
Krishnaswami and another , Pradeshiya Industrial & Investment
Corporation of U.P. v. North India Petrochemicals Ltd. , Mediquip Systems
(P) Ltd. V. Proxima Medical System GmbH , Vijay Industries v. NATL
Technologies Ltd. , IBA Health (India) Pvt. Ltd. V. Info-Drive Systems
SDN.BHD , Krishna Kilaru and another v. Maytas Properties Ltd. and M/s.
India Bulls Housing Finance Ltd. V. M/s. South Asian Agro Industries
Ltd. ).
Section 433 in The Companies Act, 1956 [Entire Act]
M/S. Vijay Industries vs M/S. Natl Technologies Ltd on 17 December, 2008
12. The law is well-settled that under Section 433(1)(e) read with
Section 434 of the Act a company can be ordered to be wound up if it is
unable to pay the debt, and that if there is a bona fide dispute with regard
to the debt claimed, the company cannot be ordered to be wound up.
The solvency of the company is relevant for judging whether the denial of
debt is bona fide or the same is a cloak or moonshine to evade payment
(See M/s. Madhusudan Gordhandas & Co. v. Madhu Woollen Industries
Pvt. Ltd. , Amalgamated Commercial Traders (P) Ltd. V. A.C.K.
Krishnaswami and another , Pradeshiya Industrial & Investment
Corporation of U.P. v. North India Petrochemicals Ltd. , Mediquip Systems
(P) Ltd. V. Proxima Medical System GmbH , Vijay Industries v. NATL
Technologies Ltd. , IBA Health (India) Pvt. Ltd. V. Info-Drive Systems
SDN.BHD , Krishna Kilaru and another v. Maytas Properties Ltd. and M/s.
India Bulls Housing Finance Ltd. V. M/s. South Asian Agro Industries
Ltd. ).
Amalgamated Commercial Traders (P.) ... vs A.C.K. Krishnaswami And Anr. on 8 January, 1965
12. The law is well-settled that under Section 433(1)(e) read with
Section 434 of the Act a company can be ordered to be wound up if it is
unable to pay the debt, and that if there is a bona fide dispute with regard
to the debt claimed, the company cannot be ordered to be wound up.
The solvency of the company is relevant for judging whether the denial of
debt is bona fide or the same is a cloak or moonshine to evade payment
(See M/s. Madhusudan Gordhandas & Co. v. Madhu Woollen Industries
Pvt. Ltd. , Amalgamated Commercial Traders (P) Ltd. V. A.C.K.
Krishnaswami and another , Pradeshiya Industrial & Investment
Corporation of U.P. v. North India Petrochemicals Ltd. , Mediquip Systems
(P) Ltd. V. Proxima Medical System GmbH , Vijay Industries v. NATL
Technologies Ltd. , IBA Health (India) Pvt. Ltd. V. Info-Drive Systems
SDN.BHD , Krishna Kilaru and another v. Maytas Properties Ltd. and M/s.
India Bulls Housing Finance Ltd. V. M/s. South Asian Agro Industries
Ltd. ).
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