MICHAEL HART Vs. NINESTARS INFORMATION TECHNOLOGIES LTD.

JUDGEMENT

(1.) This company petition is filed to wind up the respondent company and to appoint the Official Liquidator to take possession of all and assets management, books, papers and vouchers of the respondent company.

(2.) This court issued notice regarding admission to the respondent as early as on 20.01.2009. After notice, the respondent entered appearance, filed counter affidavit and opposed the application. This court by an order dated 29.06.2012, after hearing both parties for admission, dismissed the company petition on the reason that the claim of the petitioner is time barred and an e-mail dated 01.04.2008 sent by the respondent will not amount to acknowledgement of liability. Challenging the said order, the company petitioner filed O.S.A.No.11 of 2013 which came to be disposed of on 30.04.2013, whereby the order passed by the learned Single Judge was set aside by remitting the matter back to the Company Court to dispose of the company petition on merits and in accordance with law. The Division Bench has also observed that the said e-mail dated 01.04.2008 has been sent by the respondent company acknowledging its debt and such acknowledgement of debt was made before the expiry of the limitation of period. The said order passed by the Division Bench was challenged by the respondent before the Hon'ble Supreme Court in S.L.A (C) No.32408 of 2013, which came to be disposed of as withdrawn. The said order of the Apex Court was made on 24.02.2015. Thereafter, the matter was listed before this court on 12.02.2016. However at the request of both sides, the matter was adjourned to 08.03.2016 finally for hearing the matter for admission. Accordingly, the matter was taken up and heard for admission.

(3.) The case of the petitioner is as follows: