SUNIL AMBWANI, J. - (1.) HEARD Shri Rishi Chadha, learned counsel appearing for Cain Technologies (India) Pvt. Ltd. New Delhi. Shri Navin Sinha, Senior Advocate assisted by Shri Vipin Sinha appear for Xerox India Limited-the respondent company.
(2.) THE Court issued notices to the respondent company on 6.11.2006. The counter and rejoinder affidavits have been exchanged. This creditor's company petition under Sections 433(a) and 434 (1) (a) of the Companies Act, 1956 to wind up Xerox India Ltd.-the respondent-company has been filed with the allegations that the respondent-company has not made payments of commission to the petitioner in accordance with the 'Canvassing Agency Agreement' dated 1.6.2001 of an amount of Rs. 4,37,500/- is still due and payable inspite of the statutory demand notice dated December 6, 2005 to the respondent company.
(3.) BRIEF facts stated in the company petition are that the petitioner company is primarily a consulting and marketing organization having capabilities to provide solutions from concept to business planning guidance on regulations, proposing technology, managing tie-ups, and providing value added service. It has a team of eminent professionals with vast experience. The expertise of the company is in building partnerships. The respondent company is engaged in the business of manufacture, import, export, repairs etc. of all kind of computers, data processing machines, memory equipment and others. The respondent company entered into a 'Canvassing Agency Agreement' dated 1.6.2001, engaging the services of petitioner-company to promote the sale and lease of products of the respondent company as detailed in the said agreement. The respondents were to compensate the petitioner in accordance with Clause-4 of the said principal agreement and to pay commission calculated on the net invoice sale price of the products supplied against the orders procured by the petitioner and accepted by the respondents. The 50% of the amount of commission was to be paid within 15 days of receipt and acceptance of the order XMC from the customers and the balance was to be paid within 30 days of the receipt of XMC of the payment under the order from the customer.;