T SRINIVAS Vs. FLEMMING INDIA APOTHEKE PRIVATE LIMITED

JUDGEMENT

(1.) This is a Petition under Section 433 of the Companies Act. Petitioner claims that by virtue of an agreement entered into with the respondent company viz., M/s. Flemming (India) Apotheke Private Limited, he is entitled to receive a sum of Rs. 2,000/- per mensem for the use of certain electrical fittings and taps and shower in the house that belongs to his mother under whom respondent-Company is a tenant. It is further alleged that the respondent- Company paid the said charges upto February, 1984 and defaulted in payments subsequently. As a result thereof, a sum of Rs. 24,000/- was due upto February, 1985. Despite a notice sent by registered post and duly served on the respondent, the amount claimed under the said bail agreement for use of electrical fittings, taps and shower has not been paid nor have the subsequent amounts due after notice, been paid. Therefore, the Company which is indebted to the petitioner not having paid the amount demanded which is in excess of Rs. 500/-, is liable to be wound up.

(2.) The Company has entered appearance and filed its statement of objections. In the objections, it has stated the circumstances stated by the petitioner as to the manner in which it was inducted as tenant is admitted to be true. In regard to the bailment agreement, it has contended that the father of the petitioner one Dr. S. Thimmappa induced the respondent-company to sign an agreement of bailment assuring that the amount so obtained would be used for furnishing the house and they not having furnished after receiving Rs. 24,000/- as advance, petitioner has not paid any amount and he is not liable to pay any amount because the furniture was not given.

(3.) With those pleadings, the learned Company Judge, who heard this matter earlier, directed enquiry and recorded the evidence of the petitioner and his mother as well as the Managing Director of the respondent-Company. Certain documents were marked, but suffice it to make reference only to Exhibit P1 and the oral evidence of the petitioner as well as the oral evidence of R.W. 1, the Managing Director of the Company.