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2013 (11) TMI 751 - HC - Companies LawWinding up of company - Non payment of dues - Payment not made for services rendered to defendants - Contract not reduced to writing - Held that:- The proposal of the petitioner was accepted by the respondent and the fact that there was no contract which was reduced into writing cannot lead to the conclusion that the petitioner did not render any services. The respondent paid an advance of Rs. 1,00,000/- to the petitioner and stipulated that the duties of the petitioner would start from 20.12.2010 on the site. The petitioner was also directed to meet Mr. Sachdeva and Mr. Gupta deputed by the respondent to show the site and meet the contractors. Thereafter, there is a series of correspondence which would prima facie show that the petitioner did commence the rendering of the services for which it was engaged - AHLCON was the company which was engaged by the respondent for construction of the hotel. A copy of this letter which is dated 29.12.2010 is seen marked to the petitioner for information. The letter speaks of corporate guarantees for performance and mobilisation advance to be given by AHLCON to the respondent. This shows that the petitioner was kept in the loop. correspondence between the petitioner and AHLCON and copies being marked to the petitioner in respect of the initial correspondence entered into between AHLCON and the respondent indicate that the petitioner did render some services to the respondent for which payment was due. As to what exactly was the amount due to the petitioner for the services may be in dispute but the fact that there was a dispute does not in all cases mean that no amount was due by the respondent - there was no justification on its part to dispute the claim that the petitioner rendered services merely on the ground that no formal contract was concluded between the parties. The respondent could not have been unaware that copies of the letters written by AHLCON to it were marked to the petitioner. If no formal contract had been concluded and if the respondent had not engaged the services of the petitioner, the respondent ought to have told AHLCON that the petitioner had nothing to do with the hotel project and, therefore, copies of the correspondence need not be marked to the petitioner. Moreover, AHLCON could not have possibly come to know that the petitioner was engaged as consultant of the hotel project, except on being informed by the respondent. An advance of Rs. 1,00,000/- was given to the petitioner with a request to start the work on site from 20.12.2011. All this leads to the reasonable inference that the petitioner‟s services were engaged by the respondent. For the services, the petitioner has to be paid and merely because the amount payable is disputed and is not acceptable to the respondent, it cannot be said that there is no case for winding-up the respondent - Decided in favour of appellant.
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