SHARDA BHANDARI Vs. ANANYA ELECTRONICS LIMITED

JUDGEMENT

(1.) Petitioner, who is a widow, claim winding up of M/s. Ananya Electronics Ltd. and for short "the Company") on the ground that the company is unable to pay its debts. Briefly, the case of the petitioner is :-

(2.) The petitioner had to let out factory premises No. C-170, Okhia Industrial Area, Phase-1, New Delhi, to the Company because her husband who had built the premises for starting a factory was murdered before he could start the factory. The petitioner had a minor son to support and having no other source of income gave the premises comprising of basement and ground to the company on monthly rent of Rs. 17,004.40 with a clause for enhancement of rent by 15/o after three years. The company at the time of taking the premises on rent in March 1985 paid two months rent to the petitioner in advance. Thereafter the company did not make payment of any rent to the .petitioner. The petitioner had earlier filed C.P. 76 of 1987 seeking winding up of the company on the same ground alleging that the company was indebted to the petitioner in the sum of Rs. 2.89,079.80 which it had not paid inspite of the service of notice of demand being arrears of rent from 1st May 1985 till 31st March 1987. The company in C.P. 76/87, took about one year to make the said payment. After payment of the arrears of rent for the period ending 30.4.88 C.P. 76/87 was dismissed on 2nd August 1988 and the company also assured the petitioner that she would be regularly paid the rent in future. The company again did not make any payment with the result that the widow again had to come to this Court with the present petition. Before filing this petition the petitioner served on the company a notice dated July 24th, 1989 making a demand of Rs. 4,69,366.22 from the company. It was, inter-alia, stated in the notice that the premises were let out at the rent of Rs. 7,004.40 per month; the rent was to be enhanced by l5/o with effect from 1.3.88 and the company was to pay the rent at the rate of Rs. 19,555.60 from 1st March 1988. Thus a sum of Rs. 5101.32 was due from the company as balance of rent for the period 1.3,1988 to 31.5.1988 being the difference in old rates and new retes and further sum of Rs 2,93,325.90 was due as arrears of rent for the period from 1st May 1988 to 31st July 1989. The petitioner in the notice also claimed that the property tax had been enhanced by the Municipal Corporation on account of unauthorised covering of open space by the company and as such the company was also liable to pay the sum of Rs. 35.000.00 which petitioner was made to pay as additional tax property tax besides Rs. 83,164.00 as Water tax and Rs.52,975.00 asscavangingtax. In this manner in the notice demand of Rs. 4,69.566.22 was made from the Company. The company did not make the payment and ultimately on 6th December 1989 this petition was filed claiming that the company is unable to pay its debts.

(3.) Notice was issued to respondent to show cause why the petition be not admitted. In response to the notice the company through its Counsel appeared in Court for the first time on 2nd March 1990. After grant of various opportunities the reply to the winding up petition was filed by the company on 22nd October 1990. The company has not disputed the receipt of the notice dated 24th July 1989. It has also not pleaded that any reply to the notice was sent. The company has, however, pleaded that after the receipt of notice parties have been negotiating for amicable settlement which has not fructified. The company has also not pleaded that any payment of rent had been made to the petitioner but it has pleaded that the following payments were made to Municipal Corporation of Delhi :- <FRM>JUDGEMENT_723_DLT48_1992Html1.htm</FRM> The case of the company is that the rent had been attached by the Municipal Corporation and it has been, from time to time, making payment to the Municipal Corporation of Delhi. The company has pleaded to have shifted the registered office of the company at D-935. New Friends Colony New Delhi. It has further pleaded that the sum of Rs. 68,017.00 was lying with the petitioner as security amount and the company was entitled to adjustment of the said amount as also of Rs. 2.55,071.50 paid to the Corporation. The company has also disputed its liability to pay the other amount like the water tax, scavanging tax and enhanced property tax. It has been pleaded that the company is liable to pay sum of Rs. 17,004.40 per month as rent only upto 28.2.90 and as the company has filed a petition for fixation of standard rent before the Rent Controller the company is not liable to pay the agreed rent of Rs. 17,004.40 from 1st March. 1990. According to the company the standard rent of the premises is liable to be fixed at Rs. 59701- per month and from 1st March 1990 the petitioner is not entitled to payment of anything beyond the amount of Rs. 5970.00 per month.