ARGHA SEN Vs. INTERRA INFORMATION TECHNOLOGIES PVT LTD

JUDGEMENT

(1.) The two petitioners in these petitions, which have been filed against the same respondent company, were the employees of the respondent company. They allege that their terminal dues are not paid in spite of statutory notice and, therefore, it be deemed that the respondent company is unable to pay the debt and. it be ordered to be wound up. We may first take note of the bare facts of the two cases making the claims.

(2.) CP 244/2004 Petitioner in his case was appointed as Vice-President on 16th January 2001. According to the averments made in the petition, he had to leave the services of the company because he was told that the company was winding up its "Business Group Division" where the petitioner was working directly. The respondent was not in a position to pay up his salary dues etc. and, therefore, requested the petitioner to submit his resignation without insisting for full and final payment assuring that salary and dues etc. would be paid as soon as funds were available. On this assurance the petitioner submitted his resignation on 13th August 2001. Thereafter the Managing Director of the company vide letter dated 2nd September 2001 reiterated his assurance to pay the dues. However, the needful was not done. The petitioner, in these circumstances, sent statutory notice dated 28th July 2004 calling upon the company to pay a sum of Rs,3,54,315/- on account of unpaid salary, perks and allowances. The break-up of this amount is as under:- <FRM>JUDGEMENT_111_AD(DEL)8_2005Html1.htm</FRM> Interest of Rs.2,55,107/- was also payable. The company in its reply dated 18th August 2004 sent through its Advocate denied the liability to make any such payment. According to the petitioner, as the reply was not bona fide and afterthought plea was raised to deny legitimate dues of the petitioner, this petition has been filed.

(3.) The respondent company, in reply to this petition has denied this liability on the ground that the petitioner was appointed as Vice-President of M/s. Interra Software (India) Pvt. Ltd. (in short ISIPL') with effect from 16th January 2001 a'nd his services from the said company were terminated with effect from 31st March 2001. Therefore, there is no legal relationship of debtor rind creditor between the petitioner and the respondent company and liability, if any, is that of M/s. Interra Information Technologies Enabled Services Pvt. Ltd. (in short 'IITESPL'), which is a separate legal entity. Even the resignation was accepted by the management of IITESPL. It is also mentioned that IITESPL was amalgamated/merged as a transferor company with the respondent company pursuant to a scheme of amalgamation approved by this Court. Therefore, the respondent company has no liability. Apart from this submission, there is a plea of limitation raised stating that the alleged debt in any case has become time-barred. Another objection to the maintainability of the petition is taken on the ground that no such petition for winding-up is maintainable at the instance of an employee of a company.