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2015 Supreme(MP) 810

A. M. KHANWILKAR, SHANTANU KEMKAR, J. K. MAHESHWARI
Jonathan Allen – Appellant
Versus
Zoom Developers Private Limited – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Vijayesh Atri, Advocate.
For the Respondent:Kapil Jain, Advocate.

JUDGMENT :

A.M. KHANWILKAR, CJ.

1. This matter has been placed before the Full Bench in terms of order passed by the learned Company Judge dated 18.09.2013, in Company Petition No. 4 of 2010. The question formulated for consideration reads thus:-

Whether unpaid wages/salary of workman/employee can be covered within the meaning of debts under Section 433(e) of the Companies Act, 1956 and the view taken by learned Single Judge in the matter of Pawan Kumar Khullar vs. Kaushal Leather Board Limited, AIR 1996 MP 85 in this regard is correct?

2. Briefly stated, the Company Petition for winding up of Respondent-Company is filed on the assertion that the respondent-Company had engaged the petitioner to manage the Asset Management Business in Singapore vide letter dated 05.03.2008 and subsequent employment letter dated 18.04.2008. The petitioner was accordingly appointed as the Chief Executive Officer of the respondent-Company and was assured payment of a gross annual salary of S$ 650,000 being S$ 54,166 per month. The petitioner was also offered two years employment, a fixed and guaranteed annual bonus of S$ 450,000. Further, the respondent-Company was fully satisfied by the services rendered














































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