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2018 Supreme(Del) 1771

JAYANT NATH
Planet Advertising Pvt Ltd – Appellant
Versus
Ambience Pvt Ltd – Respondent


Advocates Appeared:
For the Petitioner: Mr. Kunal Kalra and Mr. Ankur Aggarwal, Advs.
For the Respondent: Ms. Nanda Devi and Mr. S.K. Jha, Advs.

JUDGMENT :

JAYANT NATH, J.

1. This petition is filed under section 433(e), 434 (a) read with section 439(b) of the Companies Act, 1956 seeking to wind up the respondent company. The petitioner submits that it was approached by the respondent company for displaying some of the outdoor advertisement. Purchase orders were placed by the respondent company on 10.6.2014. Between July, 2014 to November, 2014 the petitioner states that he has carried out work of the respondent company to its entire satisfaction and accordingly raised invoices for the work done. Despite completion of the work it is pleaded that payment of Rs.1,01,38,691/- has not been made. Petitioner claims to have sent emails/SMSes to the respondent. Legal notice was sent on 20.08.2015. Reply was received from the respondent where the respondent has denied the submissions of the petitioner.

2. The respondents have filed their reply. In the reply the respondents state that respondent disputes the amount allegedly outstanding in view of the fact that the petitioner has failed to provide the requisite services as per agreements. It is stated that the petitioner has failed to honour the terms of the agreement of service entered














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