TVC Skyshop (M/s.) Ltd. v. M/s. Reliance Communication and Infrastructure Ltd.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2013 Supreme(Online)(SC) 83

SUPREME COURT
, J
TVC Skyshop (M/s.) Ltd. v. M/s. Reliance Communication and Infrastructure Ltd.

Advocates:
For the Appellants/Petitioners: Rohan Thawani
For the Respondents: Jaideep Gupta

Table of Content
1. details of the agreement and subsequent legal actions. (Para 1 , 2 , 3)
2. arguments and basis for the appellant's prayer to set aside the decree. (Para 4 , 5 , 12)
3. court's observations on procedural adherence and special circumstances. (Para 6 , 8 , 9 , 10 , 11)
4. definition and application of orders in the cpc relevant to the case. (Para 7)
5. conclusion and dismissal of the appeal. (Para 15)

1. Having failed to persuade the learned Single Judge and the Division Bench of the Bombay High Court to entertain its prayer for setting aside the decree passed in favour of the respondent under O.37 R.3 of the Code of Civil Procedure , the appellant has filed this petition.

2. The appellant and respondent entered into an agreement whereby the respondent provided 54 mobile phone connections to the former in 2003. Due to non - payment of the amount due, the respondent sent legal notice dated 22.9.2004 and demanded Rs.13,31,800.59. After some time, the respondent filed a petition under S.433 and S.434 of the Companies Act, 1956 , which came to be registered as Company Petition No. 910/2005 for winding up of the appellant by alleging that it has failed to pay Rs.19,69,417