-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.38 OF 2008 In the matter of M/s.Aura Entertainment And Leisure Pvt. Ltd. .. Respondent Company M/s.Citadel Interior Pvt. Ltd. : Petitioner .... Mr.S.H.Bohra for the petitioner. Mr.O.P.Soni with Mr.Mandar Parkar for the respondent. .... CORAM : S.A. BOBDE, J. DATE : SEPTEMBER 11, 2008. P.C. 1. This is a petition for winding up of the respondent-company. The petitioner has made a claim of Rs.19,03,660/- inclusive of interest at 24% per annum on account of allegedly executing interior work at the respondent’s Night Club at Bandra. The petitioner was to execute civil and furniture work at Night Club for D.J. Aqueel on the terms and conditions set out in the Letter of Intent dated 25.9.2005. The petitioner raised a bill for the work done which has remained outstanding. 2. Since the amount remained outstanding, the petitioner -: 2 :- addressed notice which has admittedly not been replied to by the company on the ground that they wanted to settle the dispute amicably. In this Court, the company has raised a serious dispute about the entitlement of the petitioner. In the first place, according to the company, the bills are not certified by the Project Architects as contemplated by the Letter of Intent dated 25.9.2005, the relevant clause of which reads as follows:- PRICE As per your General rate list for standard items of work as made available to us. We are of the opinion that the rates be reduced by 5%. The final price for civil & furniture works would be based on detailed BOQ as would be made available to you. This contract is an item rate contract and the price would be inclusive of all necessary implications as required to furnish the work as per good engineering practices to the fullest satisfactions of the Project Architects/Clients and their Project Managers. The final prices would be inclusive of all -: 3 :- taxes Basic, Excise, Octroi, and Vat etc." Further, according to the respondent, the petitioner left the work abruptly and did not complete the work and the company had to engage M/s.N.K.Enterprises for completing the remaining work. In fact, the respondent claimed that it suffered losses as inauguration of Nigh Club for D.J. Aqeel was delayed by nearly two months. 3. From the above, it appears that the company has bona fide disputed the petitioner’s claim and, therefore, the remedy under sections 433 and 434 of the Companies Act is not a proper and adequate remedy. 4. Company Petition is, therefore, dismissed. S.A. BOBDE, J.