Association Of Apartment Owners ... vs J&S; Travel Pvt. Ltd.
2018 Latest Caselaw 6254 Del

$~ CP-30
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                              Date of decision: 11.10.2018
+      CO.PET. 749/2016
       ASSOCIATION OF APARTMENT OWNERS OF NEW DELHI
       HOUSE (REGD.)                     ..... Petitioner
                     Through Ms.Sunita Bhardwaj, Adv. for the
                             petitioner.
                             Mr.Ashok Nagrath, Adv.for the
                             petitioner
                             (both counsel dispute the authority of
                             each other)
                Versus

       J&S TRAVEL PVT. LTD.                       ..... Respondent

Through Mr. Aaditya Vijaykumar, Advocate.

CORAM:

HON'BLE MR. JUSTICE JAYANT NATH

JAYANT NATH, J.(ORAL)

1. This petition is filed under section 433(e) and 434 of the Companies Act, 1956 for winding up of the respondent company.

2. The case of the petitioner is that the petitioner association is a society registered under the Societies Registration Act, 1860 and is also acting in consonance with the Delhi Apartment Ownership Act, 1986. It is also stated that the petitioner raised invoice Bill No.13 of 2016 for Rs.2,01,000/- against the respondent towards augmented and upgraded electric installations of the building New Delhi House. The respondent company failed to pay the said amount. Hence, a statutory notice was issued on the respondent on

16.04.2016. As there was no response the present winding up petition has been filed.

3. In a connected matter having identical facts and issues I have today in Co. Pet. 740/2016 dismissed the petition. For the same reasons and on the same grounds I dismiss this present petition also.

4. Accordingly, the present petition is dismissed. All pending applications, if any, also stand disposed off.

(JAYANT NATH) JUDGE OCTOBER 11, 2018 Corrected and released on 17.11.2018