Section 271 of the Companies Act, 2013/Section 433 of the Companies Act, 1956

CL : Where appellant company had given cheques to respondent company but same were dishonoured of appellant-company failed to discharge its onus to prove that it had no liability to pay to respondent, winding up petition against it was to be admitted
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[2015] 53 taxmann.com 329 (Calcutta)
HIGH COURT OF CALCUTTA
SSS Loha Marketing (P.) Ltd.
v.
Bibby Financial Service India (P.) Ltd.
ASHIM KUMAR BANERJEE AND ASHIS KUMAR CHAKRABORTY, JJ.
A.P.O. NOS. 302 & 452 OF 2014†
C.P. NO. 552 OF 2013
DECEMBER  2, 2014
Section 271 of the Companies Act, 2013/Section 433 of the Companies Act, 1956, read with Section 138 of the Negotiable Instruments Act, 1881 - Winding up - Circumstances in which a company may be wound up - Appellant company had given cheques to respondent company but same were dishonoured - Respondent filed winding up petition against appellant - Whether since appellant had failed to discharge its onus that it had no liability to pay to respondent and had failed to give particulars of payment allegedly made, appellant-company having admitted its liability was to be ordered to be wound up - Held, yes [Paras 17 and 18]