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.