ASHOK MAHAJAN Vs. KAINDI INDIA PVT LTD

JUDGEMENT

(1.) THIS petition is presented under Section 433 (e) of the Companies Act, 1956 (for short, the act), praying for passing a winding up order in respect of the respondent company on the premise that the company is unable to pay its admitted debts, which, according to the petitioner, includes arrears of salary to the tune of Rs. 85,613/- a sum of Rs. 75,000/- payable in lieu of three months notice period, and interest on those amounts.

(2.) NOTICE was issued to the respondent company. Respondent company has entered appearance through Counsel and objections have also been filed. Petition is sought to be contested on the premise that the petitioner was not even an employee in terms of any appointment order issued by the respondent company etc.

(3.) IT is not necessary for this Court to examine this dispute, as the materials placed before the court by the petitioner prima facie indicate that the petitioner had been rendering services to the respondent company; that the petitioner was being remunerated at the rate of Rs. 25,000/- per month for such services; that the petitioner had not been paid this full amount for several months; and that his services had not been availed by the respondent company on and after 15. 4. 2002.