9911796707
TMI Blog1998 (10) TMI 433X X X X Extracts X X X X X X X X Extracts X X X X ..... has also claimed interest at the rate of 24 per cent. per annum from January 1, 1997. Briefly stated the facts of the case are that the respondent-company appointed the petitioner as its official travel agency, vide letter dated March 22, 1995. Utilisation of the petitioner as travel agency was as per the terms and conditions contained in the said letter. Two accounts were to be maintained by the petitioner : one in the name of Network Limited and another in the name of Network Medical. This was done at the behest of the respondent-company. According to the petitioner, air tickets were purchased by the respondent of various airlines between May, 1995 and November, 1995. Bills were accordingly raised on diverse dates in respect of air tick ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not maintainable as the same is not a company registered under the Companies Act. Once the petitioner admits that he maintained two separate accounts of these two separate entities and the statutory notice having been served only on Network Limited, no claim against Network Medical can be preferred in these proceedings. Moreover, the payments made by the respondent-company have not been correctly reflected in the accounts of the petitioner. There exist bona fide dispute with regard to the amounts due and payable. Finally, statutory notice having not been served at the registered office of the company, hence the petition is not maintainable. Heard Mr. Deepak Dhingra, counsel for the petitioner and Mr. Rajiv Nayyar, senior advocate, for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Network Limited is concerned, according to the respondent the amount of Rs. 19,082 was paid on December 26, 1995, which was in full and final settlement of the outstanding amount of the petitioner. The amount due as per the account of the petitioner against the company was Rs. 25,734.16. This amount the respondent has not paid till date. However, the company did pay a sum of Rs. 19,082 but this amount was towards three bills as mentioned in receipt No. 410. A perusal of this receipt shows that this amount was paid against bills Nos. 3376, 3771 and 3898. The amount due against these three bills was to the tune of Rs. 19,672, whereas the parties settled the amount against these three bills for Rs. 19,082 in full and final settlement. Adjustme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... refore, the arguments of Mr. Rajiv Nayyar do not cut any ice. It is not based on pleadings nor any document has been produced on record to show that Network Limited and Network Medical are two separate entities. I also find no merit in the arguments of Mr. Rajiv Nayyar that the petitioner has not reflected discount in the statement filed with the petition. After some arguments, Mr. Nayyar gave it up because he realised that in the statement of account filed with the petition discount had been given to the respondent. It has in fact been reflected. Payments made by the respondent have been reflected in the accounts maintained by the petitioner. Mr. Rajiv Nayyar has not been able to show from the record as to which of the amounts paid by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e fact that the company acknowledged the liability of Network Medical to the tune of Rs. 75,143, the pleas raised by the company appear to be mala fide. No explanation has been given why these amounts after having been admitted were not paid. I am prima facie of the view that the defence raised by the respondent-company is not bona fide. These have been raised with the intention to avoid its liability for the amounts payable by the respondent-company. For the reasons stated above the petition is admitted. Citation is ordered to be published in the newspapers "Statesman" (English edition), "Veer Arjun" (Hindi edition) as well as in Delhi Gazette for March 12, 1999. The official liquidator attached to this court is appointed as the provisi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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