Calcutta High Court
Amazan Agro Products Ltd vs Mayank Poddar Family Trust & Ors on 20 June, 2013
Author: Harish Tandon
Bench: Harish Tandon
ORDER SHEET
CP No.161 of 2013
IN THE HIGH COURT AT CALCUTTA
Original Jurisdiction
ORIGINAL SIDE
IN THE MATTER OF:
AMAZAN AGRO PRODUCTS LTD.
AND
MAYANK PODDAR FAMILY TRUST & ORS.
BEFORE:
The Hon'ble JUSTICE HARISH TANDON
Date: 20th June, 2013 Appearance Mr. Shrenik Singhvi, Adv.
The petitioning creditors were directed to serve the copy of the winding up petition upon the company and opportunity to file affidavit- in-opposition was given despite the fact that the company did not appear.
On 4th June, 2013, the petitioning creditors were further directed to serve a notice upon the company indicating that the matter shall be listed on 17th June, 2013. In spite of service of notice, there is no representative on behalf of the company when the matter is taken up.
2
The petitioning creditors have leased out the demised premises being office space measuring super built up area of 3100 sq. ft. on the 9th floor at premises no.24, Park Street, Kolkata - 700 016 for the period of three years, renewable at the option of the company for two successive terms. The company surrendered the said lease and handed over the possession to the petitioning creditors and admitted the liability of payment towards the rent upto the month of August, 2012 amounting to Rs.9.08,850/-, towards the furniture hiring charges of Rs.6,34,630/- and for maintenance generators and electricity charges a sum of Rs.1,74,325/- together with the cheque bouncing charges of Rs.7,620/- and the interest of Rs.42,094/-. In three several letters, the company has also issued the cheques in pro rata basis in favour of the petitioning creditors but all those cheques have been dishonoured.
The petitioning creditors now laid their claim towards the rent, hiring charges and maintenance charges for the entire period of the lease although the surrender has already been effected before the expiration thereof. The petitioning creditors say that in spite of having surrendered and vacated the demised premises which was subject to the realisation of the cheques, the terms and conditions embodied in the lease deed remain binding upon the party upon dishonoured of the cheques issued to them.
3
This Court finds that the company has admitted the claim of the petitioning creditors and also issued the cheques covering the amount relating thereto and, therefore, the winding up petition is admitted for a sum of Rs.17,67,480/- as the company is unable to pay its debt and have no bona fide defence for the same. The rest of the amount as claimed by the petitioning creditors, in my opinion, requires to be adjudicated in a validly constituted civil proceeding as the entitlement of the petitioning creditors to claim the aforesaid amount is required to be adjudicated upon full-fledged trial.
The company is, therefore, directed to pay the aforesaid sum within four weeks from date. If the aforesaid amount is paid by the company within the time as indicated above, this winding up petition shall permanently stayed.
In default of payment of the aforesaid sum, the petitioning creditors are entitled to advertise this petition once in "The Statesman"
and once in "Bartaman". The advertisements should indicate that the matter will appear before Court after expiry of four weeks from the date of the publications being made. Publication in the Official Gazette will stand dispensed with.
The petitioning creditors will also forward a copy of this order to the Registrar of Companies and require the Registrar to show cause 4 before this Court when this matter shall appear at the post advertisement stage as to the steps taken by Registrar in respect of this company.
Urgent certified photocopies of this order be made available to the parties, if applied for, upon compliance with all requisite formalities.
(HARISH TANDON, J.) AKGoswami