TMI Blog2018 (8) TMI 1615X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. - CO.PET. 18/2015 - - - Dated:- 14-8-2018 - MR. JAYANT NATH J. Petitioner Through: Mr. Ashish Dholakia, Ms. Mehak Khurana, Mr. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... financial crunch that the IIPM Group of Companies was facing. Consequently, the petitioner decided to terminate his employment with the respondent company. The basic grievance of the petitioner is that his dues from September 2012 to September 2013 @ ₹ 4,50,000/- per month have not been paid. 2. I have heard learned counsel for the parties. Learned counsel for the petitioner has relied upon various documents to point out that the petitioner continued to be engaged in the work of the respondent for the said period, namely, September 2012 to September 2013. Reliance is placed on Form 26AS to show the agreed charges payable to the petitioner. Reliance is also placed on some blackberry messages exchanged with Mr. Arindam Chaudhuri to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sure as to the nature of work done by the petitioner. It was also put to learned counsel for the petitioner that in a period of one year if a Consultant had done work i.e. September 2012 to September 2013 he would have left a trail of all the work he had done. 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 pet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n and leave the creditor first to establish his claim in an action, lest there is danger of abuse of winding-up procedure. The Company Court always retains the discretion, but a party to a dispute should not be allowed to use the threat of winding-up petition as a means of forcing the company to pay a bona fide disputed debt. 8. In my opinion, it would be for the petitioner to prove all these aspects in an appropriate Civil Court. The respondents have raised a bona fide 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. 9. Petition is accordingly dismissed. All pending applications, if any, stand d ..... X X X X Extracts X X X X X X X X Extracts X X X X
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