M/S Anand Constructions, v. K.C.P.Bio-Tech Ltd.,

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM COMPANY PETITION No. 30 OF 2006 O R D E R :

This Company Petition is filed seeking winding up of the respondent company on the ground that it failed and neglected to pay the admitted amounts due.

Heard learned counsel for the petitioner as well as leaned counsel for the respondents.

The claim of the petitioner was disputed in the Company Petition. Trial in part was conducted. The petitioner company had also filed O.S. No. 288 of 2008 on the file of the X Additional Chief Judge, City Civil Courts at Hyderabad and it was decreed partly for Rs.3,63,257/- with interest at 18% per annum from 14.10.2005. It is submitted that the decretal amount was paid. However, not being satisfied with the said judgment and decree, the petitioner company had filed C.C.C.A.No. 280 of 2018 and the same is pending before this Court.

In the facts and circumstances of the case and in view of pendency of other disputes between the parties, the Company Petition is not an appropriate remedy. Accordingly, the same is closed, leaving it open to the petitioner to work out remedies as available under civil law. No costs.

____________________________ CHALLA KODANDA RAM, J 28th November 2019 ksld