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TMI Blog2016 (7) TMI 1349X X X X Extracts X X X X X X X X Extracts X X X X ..... ner-company-M/s. Rapid Radio Solutions Private Limited, has filed the present winding up petition under Sections 433(e) and 439 of the Companies Act, 1956 against the respondent-M/s. Ecole Solutions Private Limited, claiming that the respondent-company has failed to pay its admitted liability to the extent of Rs. 3,30,957/- and despite a notice under Section 434 of the Companies Act was served upo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... company, since several of the services were not delivered by the petitioner's company in terms of the agreement between the parties and, the respondent-company had to incur additional expenses to fulfil their obligation to their consumer namely, Dr. Ambedkar Law University, Chennai. ( 3. ) Paras 1, 7, 8 and last para of the reply of respondent-company Annexure-G, dated 20-8-2013 are quoted be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r TNDALU directly, which violated the letter and spirit of the NDA signed and the authorisation letter issued to TNDALU. 8. It is pertinent to mention that TNDALU finally proceeded with my client and chose to ignore your client's attempts at going solo. TNDALU clearly saw the integrity and capacity of my client in delivering what was promised, aspects in which your client did not measure up. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bona fide disputed by the respondentcompany, which is sought to be wound up under the provisions of Section 433(e) read with Section 439 of the Act, the winding up petition is a ill suited remedy and it cannot substitute a regular trial or suit. Questions of facts about the execution of the contract and implementation thereof, do arise in such cases and winding up petition cannot be converted int ..... X X X X Extracts X X X X X X X X Extracts X X X X
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