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september 2010

Supreme Court of India · 2010-09-23

M/S Iba Health(I) P.Ltd vs M/S Info-Drive Systems Sdn.Bhd

Citation / case number
2010 AIR SCW 6282
Court
Supreme Court of India
Petitioner
M/S Iba Health(I) P.Ltd
Respondent
M/S Info-Drive Systems Sdn.Bhd
Author
K. S. Radhakrishnan
Bench
K. S. Radhakrishnan, S. H. Kapadia

Judgment text excerpt

The Supreme Court addressed the appeal against the winding up order of a company under Sections 433(e) & (f) and 434 of the Companies Act, 1956. The Court held that the Company Court correctly established a prima facie case for winding up based on the appellant's failure to pay a substantial amount as per the deed of settlement. The Court affirmed the lower courts' decisions, emphasizing that the remedy for the respondent was appropriately sought through a winding up petition rather than a civil suit, given the circumstances.

M/S Iba Health(I) P.Ltd vs M/S Info-Drive Systems Sdn.Bhd · Niyam