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october 1971

Supreme Court of India · 1971-10-29

MADHUSUDAN GORDHANDAS & CO. vs MADHU WOOLLEN INDUSTRIES PVT. LTD.

Citation / case number
SC 1970/60214
Court
Supreme Court of India
Petitioner
MADHUSUDAN GORDHANDAS & CO.
Respondent
MADHU WOOLLEN INDUSTRIES PVT. LTD.
Bench
RAY, A.N.

Judgment text excerpt

The Supreme Court held that under Section 433(c) and Section 557 of the Companies Act, 1956, a winding up order on a creditor's petition is not warranted if there is a bona fide dispute regarding the debt and the company's defense is substantial. The Court found that the appellants' claims were disputed both in fact and law, with prima facie evidence from the company indicating the claims were unmeritorious. The appeal for winding up was dismissed as the creditors supported the company and the appellants had consented to the sale of machinery, undermining their claims of unauthorized transactions.

MADHUSUDAN GORDHANDAS & CO. vs MADHU WOOLLEN INDUSTRIES PVT. LTD. · Niyam