NAG INTERIORS Vs. MOHTISHAM COMPLEX (P.) LTD.

JUDGEMENT

(1.) This petition is filed under Section 433(e) of the Companies Act, 1956 (hereinafter referred to as 'the Act') r/w. Rules 10 and 11 of the Company (Court) Rules, 1959 seeking to wind up the Respondent-Company by name M/s. Mohtisham Complex Private Limited (hereinafter referred to as 'respondent-Company'), having its registered office at 2nd, 6th and 7th Floor, Empire, M.G. Road, Mangalore - 575003. It is contended by the petitioner that they are carrying on business of interior decorations and the respondent Company, represented by its Managing Director has placed orders for the interior decorations. The petitioner has carried out the said decorations in respect of which Rs. 5,77,735/- is due and payable by the respondent Company to the petitioner. On issuance of the notice dated 17.02.2010, the respondent has neither paid the amount nor has made any efforts to settle the dues of the petitioner. It is further stated that the petitioner has sent several e-mails from 14.12.2006 to 27.12.2008 to the respondent, but the respondent Company has not paid the amount. It is further submitted that the respondent is unable to pay the debts of the petitioner, despite the fact that the director Sri S.M. Arshad is further the proprietor of M.S. Enterprises. Hence, the learned Counsel for the petitioner submits that the respondent Company may be wound up.

(2.) The Counsel for the respondent submits that there is no legal obligation created on the part of the respondent Company to honour the liability of the petitioner, which is in respect of a firm. There is no contractual relationship between the petitioner and the respondent Company. In that view of the matter, it is submitted that the petition is not maintainable as against the respondent Company and hence, he submits that the petition may be dismissed. I have gone through the documents submitted by the petitioner along with the petition as well as the documents produced by the respondent Company. On a careful consideration of the material on record, it is seen that there is no contractual obligations between the Company namely M/s Mohtisham Complex Private Limited and the petitioner and therefore, no liability arises on the respondent Company. Under the circumstances, the petitioner has failed to prove the case under Section 433 of the Companies Act and in that view of the matter; the petition is liable to be dismissed. Accordingly, the petition is dismissed.