9911796707
TMI Blog2015 (3) TMI 685X X X X Extracts X X X X X X X X Extracts X X X X ..... on of debt on part of the respondent. It is the settled position of law that where a bonafide defence is raised in the winding up petition that merits an examination, a Company Court has to direct the petitioner to prove its claim in a civil suit. The entry with respect to the said tax to the credit of the petitioner in the form 26-AS would have been reflected by the Income Tax Authorities in the year 2010 itself. No plausible explanation is averred in the petition as to how the petitioner missed this type of entry for a period of over two years. - Winding up petition dismissed. - CO. PETITION NO. 238 OF 2013 - - - Dated:- 1-5-2014 - SANJEEV SACHDEVA, J. Rajiv Kumar for the Petitioner. Sanjiv Bahl, Udit Gupta and Eklavya Ba ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eged to have in recognition of the efforts of the petitioner sent the petitioner to foreign trips in May and September 2010 along with his team members. 3. As per the petitioner on account of disputes with one of the directors of the respondent company, the petitioner was forced to resign from the services of the respondent company. The resignation was offered on 21.09.2010 and was accepted on the same date. The petitioner has contended that the petitioner was neither paid his salary nor other dues by the respondent company. As per the petitioner a sum of ₹ 82,61,287.49 was due and payable by the respondent company when the petitioner resigned from the services. 4. The petitioner has contended that for the recovery of the said a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itioner to the respondent company. 9. The respondent has contended that as one of the terms of employment of the petitioner was that he would be paid performance bonus so the petitioner raised bills in cases which were not allotted to the respondent company by the clients for verification. The clients denied there liability to pay the said amounts. Since over billing was done and bills were raised for the work not assigned to the respondent company the payments could not be recovered and had to be written off as bad debts for cases not allotted to the respondent company and the respondent company also had to issue credit notes to the clients and suffered bad debts. 10. The respondent contends that the petitioner had forged, fudged, fa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mount from the respondent company. 13. Learned counsel for the petitioner has relied on the judgment of this court in Rishi Pal Gupta v. S.J. Knitting Finishing Mills (P.) Ltd. 1998 (73) DLT 593 to contend that mere pendency of a suit for recovery of debt does not bar winding up proceedings. He has further relied on the judgment of the Division Bench of this Court in Numero Uno International Ltd. v. Prasar Bharti [2008] 150 DLT 688 to contend that mere pendency of a counter claim does not denude the arbitrator of the power to make an interim award in the original suit for claim, if such an interim award is otherwise justified. 14. The legal proposition as laid down by the two judgments cited by the counsel for the petitioner are wel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... claimed by the petitioner. The mere fact that income tax was deposited with the tax authorities for a payment that was proposed to be made to the petitioner prior to the discovery of the alleged manipulation done by the petitioner would not amount to a clear admission of debt on part of the respondent. It is the settled position of law that where a bonafide defence is raised in the winding up petition that merits an examination, a Company Court has to direct the petitioner to prove its claim in a civil suit. 17. Learned counsel for the respondent has relied on the judgment in the case of Lewanel Hemant India (P.) Ltd. v. Interglove Aviation Ltd. 2009 (4) AD Delhi 488 to contend that where disputed question of facts are raised and a plau ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
