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2018 (8) TMI 1615 - HC - Companies LawWinding up petition - Held that:- In the present case other than isolated 3-4 emails there is nothing on record to show what work the petitioner has done. I may refer to these emails which have been attached to the rejoinder. There is one email which is dated 19.9.2013 which is sent to the petitioner stating “Dear Sir for your signatures (two copies)” Similarly, there is another email dated 9.5.2013 written by Mr. Rahul Murzaria. There are number of such emails. These do not in any manner prima-facie show that the petitioner was gainfully employed in the period in question, namely, September 2012 to September 2013. What follows is that there is no written contract between the parties to show that the petitioner was employed or engaged as a Consultant for the period in question. Prima-facie, there is no meaningful document available to show any regular work being done by the petitioner. It would be for the petitioner to prove all these aspects in an appropriate Civil Court. The respondents have raised a bonafide dispute. However, in case the petitioner chooses to approach the civil court observations made herein would not in any manner bind the parties in such civil dispute that may be initiated. Petition is accordingly dismissed.
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