Supreme Court of India
Mediquip Systems Pvt. Ltd. v. Proxima Medical System G.M.B.H.
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.
3 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.
Where later benches applied it
- 2019 Jignesh Shah & Anr. v. Union of India & Anr.
- 2025 M/s Saraswati Wire and Cable Industries v. Mohammad Moinuddin Khan
- 2021 Shital Fibers Ltd. v. Indian Acrylics Limited
Of those, 1 distinguished · 1 referred to · 1 mentioned
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