SHARMA ENTERPRISES Vs. J N HOTALS PVT LTD

JUDGEMENT

(1.) This application for winding up the Company, namely, J.N. Hotels Pvt. Ltd., has come up for admission upon notice to the respondent. The respondent has appeared and filed its reply in opposition to the petition for winding up. Heard the learned Counsel for the applicant and the learned Counsel for the respondent.

(2.) Briefly stated, the case of the applicant for winding up the respondent-Company is that the applicant had submitted a tender to the respondent-Company on 19-1-1988 for interior decoration of the guest-rooms, Bar, Lobby and Restaurant of the Hotel Yuvraj, Ranchi. Pursuant to the tender, the work order was issued in favour of the applicant by the respondent-Company and the applicant thereafter completed the interior work and supplied furniture as per the design and specification approved by and to the satisfaction of the respondent-Company. Thereafter the applicant submitted two final bills, which were drawn on the Company. The details of the bills are as follows :-

(3.) The respondent-Company has opposed this petition stating, inter alia, in its reply to the petition for winding-up that the applicant has filed this petition for winding-up with a mala fide intention to coerce the respondent-Company to pay the urgent demand made by it and the instant petition is not maintainable at this stage, since the respondent-Company has already filed a money suit with respect to the same subject-matter in the year 1990, being Money Suit No. 51 of 1990, which is pending disposal in the Court of the Subordinate Judge, Ranchi. The respondent-Company has also denied the liabilities shown by the applicant. It has been stated in the reply that the contract work was undertaken by the applicant and for which an agreement was entered into to complete the decoration works etc. within a period of three months from the date of placing of the order by the respondent-Company But the work could not be completed by the applicant during the stipulated period, which caused incovenience to the respondent-Company in running the Hotel business in time and thereby the respondent-Company suffered a loss to the tune of Rs. 3,000 per day and the respondent-Company took a loan from the Bihar State Financial Corporation and ultimately the respondent-Company had to pay a sum of Rs. 3,86,209.35 (P) between the period February, 1988 to December, 1988 to the Corporation. It has further been stated in the reply that the respondent-Company had made a payment of a sum of Rs, 4,45,000 and the remaining sum i.e. Rs. 49,13863 has been adjusted towards part of damages caused to the respondent-Company for non-supply and due to delay in decorating the hotel by the applicant and thus nothing is due now; rather the respondent-Company is entitled to Rs. 12,26,467.44 (P) from the applicant for which the money suit has been filed.