LMJ INTERNATIONAL LTD. Vs. AJIT KUMAR PATNI

JUDGEMENT

(1.) Leave is granted for supplementary affidavit filed. Leave is also granted to amend cause title to bring on record present name of the company. Amendment be carried out in Court and countersigned by Assistant Registrar.

(2.) Petitioner has petitioned for winding-up the company in which he served, according to him, on agreed terms in the period 1st July, 2009 to 31st January, 2013. Mr. Basu, learned Advocate appears on behalf of petitioner and submits, by letter dated 9th July, 2009, the company, inter alia, offered his client's salary at Rs. 18 lakhs as fixed Cost to Company (CTC). He submits, this offer was made to preempt his client from leaving the company. His client accepted this offer by continuing to serve the company. It became, according to him, a unilateral contract.

(3.) Petition discloses a break-up of amounts claimed under the contract and received to show a short fall of Rs. 35,82,258/-, which Mr. Basu submits, is an admitted due. Letter dated 11th February, 2013 is of resignation and on 7th September, 2015 statutory notice was served. In between his client had caused a demand to be made. What is important, is neither demand nor statutory notice was replied by the company.