Calcutta High Court
Bibby Financial Service India Pvt Ltd vs Sss Loha Marketing Pvt Ltd on 21 August, 2014
Author: Manjula Chellur
Bench: Manjula Chellur
1
ORDER SHEET
APOT No. 460 of 2014
ACO No. 149 of 2014
ACO No. 150 of 2014
CP No. 552 of 2013
IN THE HIGH COURT AT CALCUTTA
Civil Appellate Jurisdiction
ORIGINAL SIDE
BIBBY FINANCIAL SERVICE INDIA PVT LTD
Versus
SSS LOHA MARKETING PVT LTD
BEFORE:
The Hon'ble CHIEF JUSTICE MRS. MANJULA CHELLUR
The Hon'ble JUSTICE BANERJEE
Date : 21st August, 2014.
Appearance:
Ms. Ahana Sikdar, ld. Advocate
For the appellant.
Mr.Samit Talukdar, Sr. Advocate with
Mr.Suman Dutta, Ms.H.Chakraborty,
Mr.Aniruddh Poddar, ld. Advocates
For the respondent.
The Court :- This appeal is delayed by 92 days. Causes being sufficient, delay is condoned. The appeal is taken on record.
This appeal would arise out of an order of admission of winding up passed in CP No. 552 of 2013. The learned Single Judge admitted the winding up petition for a sum lesser than the amount claimed by the appellant. Hence this appeal at the instance of the petitioning creditor. 2
Mr. Samit Talukdar, learned Senior Advocate appearing for the respondent Company, would inform this Court, he has already filed an appeal being APOT No. 268 of 2014 that is awaiting consideration of this Court.
Upon hearing the rival contention we feel, interest of justice would be subserved if we direct filing of composite paper book. Ms. Ahana Sikdar, learned Advocate appearing for the appellant, would take the responsibility of filing composite paper book within two weeks from date.
As soon as paper book is filed, place it for hearing. In default, place it for final order.
In APOT No. 268 of 2014 the order of admission has since been stayed vide order dated May 13, 2014. The ad- interim order passed in APOT No. 268 of 2014 would continue till disposal of the appeal.
Both the ACO No.149 of 2014 and ACO No. 150 of 2014 are disposed of without any order as to cost. ACO No.96 of 2014 is treated as on the day's and is also disposed of without any order as to cost.
( MANJULA CHELLUR,CJ.) (BANERJEE, J.) dg/