IN RE, MR. GAUTAM RAMANBHAI PATEL Vs. STATE

JUDGEMENT

(1.) This is a petition for winding up of Goan Wonderland Properties Pvt Company Ltd. (Company, for short) under Section 433, 434 and 439 of the Companies Act, 1956. The present petition was admitted on 23/01/2015.

(2.) In pursuance of the public notice one Lume Joao Vincent Fernandes has filed an affidavit on 12/06/2015, opposing the winding up proceedings. It is contended that M/s. Fernandes Realtors Pvt. Ltd (the opposing Company) has filed a suit for specific performance, declaration and permanent injunction against the present Company being Special Civil Suit No.44/2008/B, which is pending before the learned Senior Civil Judge at Panaji, seeking recovery of an amount of Rs. 2,08,65,000 with interest. In short, according to Mr. Fernandes, some time in the first week of October, 2006, the petitioner and Mr. Eric Sequeira had approached him and one Mr. Anselmo D'Souza for expressing their intention to purchase a property at Bambolim and had requested him and Mr. Anselmo D'Souza to act as their agents for the purpose of negotiating the said purchase. According to Mr. Fernandes, he had commenced the ground work of collecting relevant information and documents. It is contended that the petitioner and Eric Sequeira had agreed to pay an amount of Rs. 600 per square metre of the said property amounting to 2,08,65,000/- as a recompense for their services for which they have filed the suit.

(3.) As per the decision of this Court in the case of West Hills Realty Private Ltd Vs. Neelkamal Realtors Tower Pvt. Ltd., (2017) 2 BCR 693, the petition is retained on the file of this Court as it is not liable to be transferred to the National Company Law Tribunal (NCLT, for short).