Winding up petition not maintainable if petitioner accepts receiving lesser amount towards full & final settlement

HIGH COURT OF BOMBAY Arun Kumar Engineer and Contractors Versus Finolex Cables Ltd. CO. PETITION NO. 249 OF 2011 OCTOBER  10, 2012 JUDGMENT 1. Heard Finally. 2. The Petitioner has invoked under section 433 and 434 of the Companies Act, 1956, based upon the invoice so raised in the Petition for Rs. 33,79,914 and 76 paise. 3. The Petitioner was assigned the work of land development (filling of ground) at Rooree, by work order dated 11th August 2006. The time was the essence of the work. The agreed date was 15th September 2006. The Petitioner proceeded accordingly. The bills wer...