2018 (11) TMI 1852 - HC - Companies Law

Winding up of Company - HELD THAT - There is no agreement or document filed before this court, whereby it can be concluded that the respondent-company has any agreement viz-a-viz for taking service or has admitted to have taken service from the petitioner, therefore, the respondent-company is not liable to pay the amount involved. The question of fact is involved in this petition as to whether the respondent-company is liable to pay the amount or not, which can only be proved by a detailed evidence - it is not a proper case to be entertained - petition dismissed.

Summary

Issues: Claim of outstanding amount, acceptance of liability, company petition dismissal

Claim of outstanding amount: The petitioner filed a winding-up company petition claiming an amount of ?37,02,761 due against the respondent-company for airtime/communication services provided to another entity. The petitioner raised three invoices, and there were communications between the parties, including a letter from the respondent-company asking for details to process the bills. The petitioner argued that the respondent had accepted the bills, supported by emails sent to the respondent.

Acceptance of liability: The respondent-company contended that they only requested the bills for examination and processing, not accepting liability for payment. They raised preliminary objections in their Court Affidavit, stating that the entity responsible for payment was different from the respondent-company. The respondent denied having any agreement or document proving liability for the services, emphasizing that no evidence existed to show acceptance of services or liability for payment.

Company petition dismissal: The court found that it was not proven that the respondent-company was liable to pay the outstanding amount. The judge highlighted the lack of evidence establishing the respondent's liability, emphasizing the need for detailed evidence to determine liability conclusively. As a result, the court dismissed the company petition under relevant sections of the Companies Act, 1956, due to lack of merit and the absence of sufficient proof of liability on the part of the respondent-company.