Calcutta High Court
W.B.Precision Engineering Solutyion ... vs Supreme Technology on 6 January, 2015
Author: Biswanath Somadder
Bench: Biswanath Somadder
ORDER SHEET
CP No.738 of 2014
IN THE HIGH COURT AT CALCUTTA
Original Jurisdiction
ORIGINAL SIDE
W.B.PRECISION ENGINEERING SOLUTYION PVT. LTD.
Versus
SUPREME TECHNOLOGY
BEFORE:
The Hon'ble JUSTICE BISWANATH SOMADDER
Date : 6th January, 2015.
Appearance:
Mr.Somnath Saha, Advocate.
Mr.Tauhid Khan, Advocate.
..for the petitioner.
Ms.Dipika Basu, Advocate.
..for the company.
The Court :-Let the affidavit of service filed in Court today be taken on record.
Having heard the learned advocates for the parties it appears that the company is ready and willing to pay the entire dues of the petitioning creditor amounting to Rs.1,32,204/-. However, the company is unable to pay the entire amount by way of a single payment and the learned advocate appearing on behalf of the company prays that the company may be allowed to pay off its dues in six equal monthly instalments beginning 20th January, 2015.
Learned advocate appearing on behalf of the petitioner, however, submits that his client has not been issued Form-C, which is required for Central Sales Tax purpose. As such, his client is not agreeable to accept the proposal of the company unless it agreed to pay interest, as demanded in the statutory notice dated 9th July, 2014.2
Considering the facts and circumstances of the instant case, this Court is of the view that the company may be directed to hand over the necessary Form-C, required for Central Sales Tax purpose, to the petitioning creditor within a period of three weeks from date and pay the total sum of Rs.1,32,204/- together with interest thereon at the rate of 6% per annum, to be calculated from the date of the statutory notice till the date of actual payment of the entire dues, in six equal monthly instalments, beginning from 20th January, 2015. . If the above directions are carried out by the Company, the instant petition will remain permanently stayed. In default, the winding up petition will automatically stand revived and will be advertised once in "The Statesman" and once in "Bartaman". In the advertisements to be published in the said two newspapers, it shall be indicated therein that the matter will appear before this Court under the same heading three weeks from the date of the advertisements. Publication in the Official Gazette, however, will stand dispensed with.
C.P.No.738 of 2014 is accordingly disposed of.
Urgent photostat certified copy of this order be supplied to the parties, if applied for, upon compliance of all requisite formalities.
(BISWANATH SOMADDER, J.) nm