TOPLIGHT COMMERCIALS LTD Vs. GATHA APARELS PVT LTD

JUDGEMENT

(1.) THIS appeal is directed against an order dated February 7, 2007 passed by the Hon'ble Company Judge whereby His Lordship admitted part of the claim of the petitioning creditor/appellant herein on account of maintenance charges with effect from December, 2005 till April, 2006 being a sum of Rs. 95,765/- and the petition is admitted with the said principal amount of Rs. 95,765/- together with interest at the rate of 8% per annum from the respective due dates.

(2.) THE Hon'ble Company Court also directed that if payment is made within three weeks, then the winding up petition should stand permanently stayed in case of payment, failing which the advertisement was directed to be published. The claim of the petitioner on account of electricity bills and reimbursement bills were relegated to a suit.

(3.) THE petitioner/appellant filed the winding up petition against the company on the basis of the claim of the petition on account of electricity bills and reimbursement bills and maintenance charges. The company registered the said winding up petition on the ground that there was deficiency in the service rendered by the petitioner to the said Act. According to the petitioner, the shop rooms, each unit of the market has an independent sub-meter and the electricity charges are payable from the individual sub-meters. According to the petitioner, the bills were raised on the company and the company did not place any objection in respect thereof.