Badar Durrez Ahmed, J.

1. These appeals arise out of a common judgment dated 09.05.2005 delivered by the learned Company Judge in C.P. Nos. 40/2004 and 41/2004, whereby the Appellants' petitions seeking winding up of the Respondents (Bhushan Limited in C.P. No. 40/2004 and Bhushan Steel and Stripes Limited in C.P. No. 41/2004) on the ground that the Respondent companies were unable to pay their debts, were dismissed. The company petitions were founded on the basis of a compromise decree dated 19.12.1997 passed by a learned single Judge of this Court, whereunder the Respondents had agreed to make payments of recurring charges which included maintenance charges in respect of the common areas and common facilities. The plea of the Appellant was that since the charges specified in the decree were not being paid by the Respondents, it was apparent that they were unable or had neglected to pay their debts.

2. On the other hand, the Respondents had taken the plea that though they had initially made payments of recurring charges in terms of the compromise decree, they had stopped making the payments at the rates demanded by the Appellant inasmuch as the maintenance charges were contr