2016 (7) TMI 1349

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....ineet Kothari,- ( 1. ) The petitioner-company-M/s. Rapid Radio Solutions Private Limited, has filed the present winding up petition under Sections 433(e) and 439 of the Companies Act, 1956 against the respondent-M/s. Ecole Solutions Private Limited, claiming that the respondent-company has failed to pay its admitted liability to the extent of Rs. 3,30,957/- and despite a notice under Section 43....

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.... of Rs. 3,65,779/- from the petitioner-company, since several of the services were not delivered by the petitioner's company in terms of the agreement between the parties and, the respondent-company had to incur additional expenses to fulfil their obligation to their consumer namely, Dr. Ambedkar Law University, Chennai. ( 3. ) Paras 1, 7, 8 and last para of the reply of respondent-company ....

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....would explore the option of approaching the end-customer TNDALU directly, which violated the letter and spirit of the NDA signed and the authorisation letter issued to TNDALU. 8. It is pertinent to mention that TNDALU finally proceeded with my client and chose to ignore your client's attempts at going solo. TNDALU clearly saw the integrity and capacity of my client in delivering what ....

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.... the considered opinion that if the liability of the creditor is bona fide disputed by the respondentcompany, which is sought to be wound up under the provisions of Section 433(e) read with Section 439 of the Act, the winding up petition is a ill suited remedy and it cannot substitute a regular trial or suit. Questions of facts about the execution of the contract and implementation thereof, do ari....