GURBAKHSH SINGH BA, BULIDERS PRIVATE LIMITED Vs. FORTIS HOSPITAL LIMITED ESCORT HEART INSTITUTE & RESEARCH CENTRE

JUDGEMENT

(1.) The present company petitions have been preferred under Sec. 433 of the Companies Act, 1956[1] read with Ss. 434 and 439 of the Act by the petitioner company, seeking winding up of the respondent company on the grounds of non-payment of outstanding dues amounting to Rs.2,48,39,128.00 in CO.PET. 299/2015 and Rs.2,34,53,258.00 in CO.PET. 354/2015, along with due interest.

(2.) Briefly stated, the respondent company issued a work order dtd. 15/5/2014, bearing No. LDH-1/Addl Work/0101/R-1, in favour of the petitioner company for the purposes of carrying out certain work at Fortis Hospital, Ludhiana; and said work was completed by the petitioner to the satisfaction of the respondent company within the time stipulated in the work order.

(3.) Pursuant to the work done, the petitioner company raised bills dtd. 14/8/2014 and 20/8/2014, for a sum of Rs.2,52,59,522.00 and delivered the same to the office of the respondent company for payment. It is the case of the petitioner that vide email dtd. 21/8/2014, the respondent company confirmed the quantity of the work executed, and assured the petitioner that the amount due will be paid duly. However, despite repeated reminders, the respondent company failed to release the amount due, and therefore, the petitioner was constrained to serve a legal demand notice dtd. 16/10/2014 upon the respondent company. Thereafter, the petitioner company served a statutory legal notice dtd. 13/11/2014, under Sec. 271 (1)(a) read with Sec. 271 (2) (a) and (c) of the Companies Act, 2013, upon the respondent company.