Home Case Index All Cases Companies Law Companies Law + HC Companies Law - 2019 (1) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (1) TMI 981 - HC - Companies LawWinding up proceedings - failure to pay dues - non completion of work by petitioner - Held that:- The petitioner’s work orders dated 22.10.2007 and 11.06.2007 have both been duly issued by the respondents. They contain details of the work which was to be done. The work done by the respondents are duly spelt out in Annexure A attached to the work orders dated 22.10.2007 and the details are also attached to the final bill. The respondents are needlessly trying to create confusion by mixing up two work orders. Reference may also be had to some of the communications which have been filed by the respondent alongwith counter-affidavit. Copy of email dated 7.11.2007 has been filed which states that cove lights are not to be installed with LED lights instead the items which was approved in the tender be used. It also talks about 60 points (60Amps) teleport room (IV floor) for TV head end is required. Similarly, the communication dated 6.11.2007 lists out the urgent requirement and works which are to be done. A third communication dated 28.12.2007 where some complaint is made about work of first floor. In response, on the very same date the petitioner has stated that the first floor is virtually ready. It is clear that these are minor glitches that may have arisen while execution of the work. In fact these glitches appear to pertain to first contract dated 11.06.2007. That apart, there is nothing on record to show that the petitioner did not finally complete the work or that the respondent had to get the defective work corrected from some third contractor. It is clear that the defence raised by the respondent is not bona fide. The facts show that the defence raised by the respondents lacks bona fide and cannot be accepted. Accordingly, admit the present petition. The Official Liquidator attached to this Court is appointed as the Provisional Liquidator.
|