TMI Blog2019 (1) TMI 981X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ompany necessary payment has not been made. On 22.9.2011 statutory legal notice was served on the respondent company but there was no response. 2. Respondents have filed their reply. In the reply they have completely denied all the contents of the petition. In addition, it is pleaded that there was an earlier work order dated 11.6.2007 which was issued to the petitioner details of which very conveniently have been kept out from the petition. It is pleaded that the entire work was contained in the said work order and there was no occasion for them to have issued another work order for additional work on 20.11.2007. It is further pleaded that the work was incomplete of the first work order and hence there was no payment due. There is no a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the work done by the petitioner. Respondents have falsely and mischievously sought to deny the certificate given by their own Architect. 8. The other argument which has been raised by the respondent pertains to an earlier work order dated 11.6.2007. The plea is that this work order does not find mention in the present winding up petition but the petitioner accepts the same in the rejoinder he has filed. It is pleaded that this work order was the main work order and there were several defects in the work of the petitioner and hence no amount is payable to the petitioner. 9. In my opinion, the above contention is entirely misplaced. The petitioner s work orders dated 22.10.2007 and 11.06.2007 have both been duly issued by the responden ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be had to the judgement of the Supreme Court in IBA Health (I) Pvt. Ltd. vs. Info-Drive Systems Sdn.Bhd., (2010) (4) CompLJ 481 (SC) where the Supreme Court held as follows:- 17. The question that arises for consideration is that when there is a substantial dispute as to liability, can a creditor prefer an application for winding-up for discharge of that liability? In such a situation, is there not a duty on the Company Court to examine whether the company has a genuine dispute to the claimed debt? A dispute would be substantial and genuine if it is bona fide and not spurious, speculative, illusory or misconceived. The Company Court, at that stage, is not expected to hold a full trial of the matter. It must decide whether the grou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to prepare a complete inventory of all the assets of the respondent-company when the same are taken over; and the premises in which they are kept shall be sealed by him. At the same time, he may also seek the assistance of a valuer to value all assets to facilitate the process of winding up. It will also be open to the Official Liquidator to seek police help in the discharge of his duties, if he considers it appropriate to do so. The Official Liquidator to take all further steps that may be necessary in this regard to protect the premises and assets of the respondent-company. The OL will also seize all the bank accounts of the respondent. 15. However, I suspend the above order appointing the Official Liquidator as the Provisional Liquida ..... X X X X Extracts X X X X X X X X Extracts X X X X
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