Bombay High CourtCP/552/2015withdrawn

M/S. Sandeep Steels v. Goradia Special Steels Ltd. Cin No. U67120mh1992plc068326

2017-01-25Hon'Ble Shri Justice R.D. Dhanuka1 pages

kvm 1/1 909-CP552.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.552 OF 2015 M/s.Sandeep Steels ..... Petitioner

VERSUS

Goradia Special Steels Ltd.

..... Respondent Mr.Niraj Shah, i/b. Law Chamber of Siddharth Murarka for the Petitioner. Mr.Rajgopal S.Tripathi for the Respondent.

CORAM : R.D. DHANUKA, J.

DATE : 25th JANUARY, 2017 P.C.

This company petition is filed for winding up of the respondent on the ground that the respondent has not paid the interest amount of Rs.76,182/-. There is no dispute that the respondent has already paid the principal amount and some part of interest. The petitioner has already filed a civil suit for recovery of interest. The respondent has also disputed the payability of interest on various grounds as is apparent from the letter dated 31st October,2014. I am thus not inclined to entertain this company petition for winding up as filed by the petitioner. Company petition is accordingly dismissed. No order as to costs. It is made clear that the civil suit can be decided by the trial court on its own merits. (R.D.DHANUKA, J.)