M/S. RAPID RADIO SOLUTIONS PRIVATE LIMITED, AHMEDABAD Vs. M/S. ECOLE SOLUTIONS PRIVATE LIMITED, BANGALORE

JUDGEMENT

(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. 3,30,957.00 and despite a notice under Sec. 434 of the Companies Act was served upon them through the Advocate of the petitioner-company vide Annexure-F on 25-7-2013, since the respondent-company has failed to pay the said admitted liability, therefore, the respondent-company deserves to be wound up and the present winding up petition deserves to be admitted in accordance with the provisions of the Act and Rules.

(2.) Counsel for the respondent-Mrs. Lakshmi Iyengar, however, submitted that the liability of the petitioner-company as claimed in the said statement of objections is seriously disputed and denied by the respondent-company and it has already sent a reply to the said notice vide Annexure-G, dated 20-8-2013 addressed to the Advocate of the petitioner-company, in which, on the contrary, the respondent-company demanded a sum of Rs. 3,65,779.00 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 Annexure-G, dated 20-8-2013 are quoted below for ready reference: