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Case information
| Court | Supreme Court of Bangladesh — High Court Division |
|---|---|
| Case reference | Company Matter 442/2022 |
| Case-reference year | 2022 |
| Case type | Company Matter |
| Court website upload date | 13-OCT-26 |
The case-reference year is not the judgment year. The court website upload date is not a judgment date.
Official index description (excerpt)
Source: Supreme Court official index.
Winding Up: The Companies Act 1994: i. Mere non-payment of a claimed amount does not invariably establish commercial inability to pay debts. Particularly where the underlying liability is itself bona fide disputed, non-payment cannot, without more, be treated as proof of insolvency or inability to pay within the meaning of section 241(v). ii. The winding-up jurisdiction cannot properly be converted into a forum for deciding such disputed contractual claims. The materials indicate that the goods were delivered to and received by the respondent-company. Such receipt is relevant to the petitioner`s underlying contractual claim, but does not, by itself, establish an unconditional liability for the entire amount claimed, particularly in view of the respondent`s allegations of delayed delivery, non-conformity of goods, consequential loss and adjustment of the claim. Those matters concern contractual liability and may be settled amicably or, failing settlement, determined by the competent forum in accordance with the parties` agreed dispute-resolution mechanism. The fact that some goods
[Excerpt ends; the complete index description is retained in the catalogue JSON.]