Calcutta High Court
Cal-Cox Syndicate Pvt. Ltd vs Sudhashish Roy Chowdhury on 2 August, 2013
Author: Harish Tandon
Bench: Harish Tandon
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
ORDINARY ORIGINAL JURISDICTION
C.P. No. 139 of 2012
IN THE MATTER OF:
CAL-COX SYNDICATE PVT. LTD.
AND
SUDHASHISH ROY CHOWDHURY
BEFORE:
The Hon'ble JUSTICE HARISH TANDON
Date: 2nd August, 2013.
Appearance:
Mr. S.K. Chakraborti, Adv.
Mr. Aasib Hussain, Adv.
Mr. Anupam Dasadhikari, Adv.
The Court: The winding up petition has appeared at the post-advertisement stage. On 20th June, 2013 the company was directed to file affidavit-in- opposition. Although, the company took the stand that the petitioner did not work during the period for which the claim is made in this winding up petition, but subsequently offered to pay off the entire dues in instalments of Rs.5000/- per month. The petitioning creditor, in turn, says that the winding up petition was admitted for a principal sum of Rs.49,000/- together with the interest @ 10% per annum and the cost assessed at 500 GMs. The company did not pay the said amount and the payment of such paltry sum of Rs.5000/- per month is not justifiable.
Another creditor, in support of the winding up petition, appears and submits that his winding up petition being C.P. 115 of 2012 is also admitted for a consolidated sum of Rs.84,000/- and the company was directed to liquidate the 2 said amount by six instalments which has not been paid as yet. The company could not say anything with regard to the payment of the supporting creditors whose winding up petition is also admitted. The conduct of the company does not appear to be such which would suggest that the company has the honest intention to liquidate all its dues.
This Court, therefore, finds that the company is liable to wound up having unable to pay its debts. Accordingly, the company is directed to be wound up. The official liquidator is directed to take possession and custody of the assets and properties, both movable and immovable of the company, immediately and shall take over all the transactions in accordance with the provision of the Companies Act of 1956.
The petitioning creditor and the supporting creditor are directed to lodge the claim to the official liquidator who shall not require any document relating to the proof of the debt as the same has already been determined by this Court while admitting the winding up petition.
(HARISH TANDON, J.) sg2