anand das (service) 13 July 2011
A contractor has filed a company petition seeking winding up of the company for nonpayment of part of compensation fee to him which runs in crores after repeated requests from the contractor from three years.
1. Where is the jurisdiction of this petition. In Company law board or high court in ordinary original cvil jurisdiction?
2. What are the points of defence for company?
anand das (service) 13 July 2011
Can it be argued that contractor has no jurisdiction to file company petition since section 439 of companies act does not mention 'contractor' and he can not be a creditor and hence he can go for a civil suit?
Gagan Gupta (Advocate) 19 July 2011
So far winding up petitions claim should be undisputed amount. and a notice is required to be served.
Murali (Advocate and Corporate Consultant) 31 July 2011
Dear Sir,
The High Court has the Original Jurisdiction to entertain the winding up petitions against the companies registered in its state. Unless, you come out with full facts, defenses cannot be suggested. Anyways, if the debt is disputed, that would be a good defense. Secondly, if the company is doing well, you can rebut the allegation if any made by the petitioner to the effect that the company is commercially insolvent.
Regards,
Murali Krishna W
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