SINGAPORE TELECOMMUNICATIONS LTD Vs. APM INFOTECH PVT LTD

JUDGEMENT

(1.) This petition is filed under sections 433 (e) & (f), 434 (1) (a) & (c) and 439 of the Company Act, 1956 (hereinafter referred to as the 'Act') seeking winding up of the respondent company.

(2.) The case of the petitioner is that the parties entered into two separate agreements dated 112005 being Service Request-Cum-Agreement for Corporate Voice Delivery and Service Request-Cum-Agreement for International Private Leased Circuit. It is pleaded that the petitioner commenced to provide services as per the agreements on 10.02006 and monthly invoices were raised on the respondent from March, 2006 onwards. It is pleaded by the petitioner that in breach of these two agreements, the respondent failed to pay invoiced amounts due under these two agreements. Hence, it is pleaded that the petitioner was constrained to terminate the agreements by issuing a termination letter dated 20.11.2006.

(3.) It is further pleaded that as the agreements were governed by the laws of Republic of Singapore, the petitioner filed a recovery suit before the High Court of Republic of Singapore. Despite summons being served on the respondent, the respondent failed to appear before the High Court of Republic of Singapore. Accordingly, the High Court of Republic of Singapore delivered its judgment on 27.05.2011 directing the respondent to pay the following payments being US$350,672.12 alongwith interest etc. Plus US$141,010.34 and cost on indemnity bond at SG$6,351.70. Thereafter, the petitioner has issued a notice for statutory winding up on 26.07.2011. The respondent had sent its reply on 008.2011 denying its contents.