Case: Hotel Horizon Private Limited Vs. Manish Sharma

2.After issuance of the statutory notice by the respondent herein, neither any reply was sent by the appellant company, nor sufficient cause was shown for not proceeding against the appellant for winding up.3.The learned Company Judge after hearing the parties, on perusal of the record and after taking note of the three grounds on which the petition was objected by the appellant viz., that the goods supplied were of substandard quality, there was bona fide dispute regarding the amount to be paid as the respondent had charged higher rates, and thirdly that the claim was barred by limitation during the pendency of the petition, held that the appellant had neither produced any evidence nor any material in support of their claim that the goods supplied were of substandard quality, or that there was bona fide dispute about the amount due and payable and further that this court has already held that if the liability subsists on the date of filing of the petition, merely because it stands barred after filing and during the pendency of the petition, it would not result in cessation of the liability of the company nor it would debar the petitioner from pursuing with the petition for winding up of the company.

Reasoning:
It was necessary for the appellant to point out the difference between the prevailing market rates and the rates at which the goods were supplied and also in what manner the quality of the goods was inferior and to what extent. In the absence of any particulars in that regard, it cannot be said that there was any bona fide dispute regarding the quality or rates of the goods supplied.7.No other point has been raised in support of the challenge to the impugned order. There is no case made out for interference in the impugned order. The materials on record show that the goods were in fact supplied to the appellant by the respondent and in that regard the amount was required to be paid by the appellant to the respondent and the same was not paid. Even the four cheques issued by the appellant were dishonoured.8.Our attention was sought to be drawn to the fact that the criminal complaint filed by the respondent was dismissed. Perusal of the said order discloses that the dismissal was on account of the fact that the dispute between the parties was of a civil nature and therefore no criminal liability could have been fastened.