TATA ELXSI LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 REPRESENTED BY ITS ASSOCIATE MANAGER LEGAL SRI KIRAN M. NADAGOUDAR Vs. POINT RED TELECOM LIMITED (EARLIER POINTRED TELECOM PRIVATE LIMITED) A COMPANY INCORPORATED UNDER THE

JUDGEMENT

(1.) THIS Company petition is filed under Sections 433(e) and 434 read with Section 439 of Companies Act, 1956 seeking for winding up of the Respondent -company for non -payment of its debts.

(2.) THE Petitioner is a company incorporated under the Companies Act having registered office at ITBP Road, Whitefield, Bangalore. The Petitioner -company is involved in the business of information technology, product and services.

(3.) THE Respondent -Company approached the Petitioner -company with certain information technology Products and Services in the nature of WiMAX MAC software, WiMAX PHY software and Switch Over Software for Single Sector and Three Sector base Station Solution" ("software"). In pursuance of the same, the parties entered into a Software License Agreement dated 12 -11 -2009("SLA"). In terms of the SLA, the Petitioner licensed the Software to the Respondent -company on "Non -Exclusive" basis. The Petitioner duly provided the services as required by the Respondent -company.