GRANDEUR COLLECTION Vs. SHAHI FASHIONS PVT. LTD

JUDGEMENT

(1.) This is a petition filed under section 433(e), 434 and 439 of the Companies Act by M/s Grandeur Collection seeking winding up of M/s Shahi Fashions Pvt. Ltd. in the following circumstances.

(2.) The petitioner is a sole proprietorship concern engaged in the business of manufacture and sale of readymade garments. It entered into an arrangement with the respondent company under which it regularly supplied garments on outright sale basis and it was agreed that the respondent company would make payments to the petitioner against the invoices raised. In the course of the business transactions between the petitioner and the respondent, the petitioner raised various invoices upon the respondent company. In response to the e-mails sent by the petitioner, the respondent submitted a statement of account for the period from 1.4.2009 to 31.3.2010 showing an outstanding amount of Rs. 23,60,758/- due to the petitioner. It would appear that certain claims were raised by the respondent company against the petitioner by way of debit notes. Eventually, the petitioner, found that the amount due by the respondent company was not Rs. 23,60,758/- but Rs. 22,71,418/-. In the email dated 27.8.2010, the respondent company admitted the liability to pay the aforesaid amount to the petitioner on account of the transactions between them. The amount was however not paid.

(3.) On 24.9.2011 the advocate of the petitioner issued a notice for winding up under section 433(e) read with section 434 of the Companies Act to the respondent company. The aforesaid statutory notice was sent to the registered office of the respondent company at G-44, Industrial Area, Lawrence Road, New Delhi-110035. The alternate notice was addressed to A.K.-66-67, Shalimar Bagh, Delhi-110052. Notice was also sent by e-mail to the respondent company at the latter's e-mail ID which was "support@ragscasuals.com". Whereas the notice sent to the registered office was returned unserved with the postal remark "left", there was no reply to the notice sent through e-mail. It is in the aforesaid circumstances that the present petition was filed in this Court.