Supreme Court of India

Mediquip Systems Pvt. Ltd. v. Proxima Medical System G.M.B.H.

Neutral citation
Reported as [2005] 2 S.C.R. 1015
Bench Ashok Bhan J.
Decided 17 March 2005
Status Distinguished

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

2 Supreme Court benches have cited this judgment.

From the headnote

Companies Act, 1956-Section 433(e)-Winding up proceedings­ Maintainability of-Held : Maintainable when there is determined debt due and the company is unable to pay-Expression 'unable to pay its dues' to be taken in commercial sense-Machinery for winding up not to be utilised merely for releasing debts from a company-On facts, petitioning creditor failed to prove that the debt is payable to it by the company-Hence winding up orders cannot be passed Words and phrases- 'unable to pay its dues '-Meaning of in the context of Section 433(e) of Companies Act, 1956. Respondent-company filed a

Where later benches applied it

Of those, 1 distinguished · 1 referred to

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