Calcutta High Court
Precision Engineering And Fabricators ... vs Unknown on 23 April, 2018
Author: Ashis Kumar Chakraborty
Bench: Ashis Kumar Chakraborty
OD 3
CA 90 of 2018
CP 487 of 2016
IN THE HIGH COURT AT CALCUTTA
Original Jurisdiction
ORIGINAL SIDE
IN THE MATTER OF:
PRECISION ENGINEERING AND FABRICATORS PRIVATE LIMITED
(IN LIQUIDATION)
AND
IN THE MATTER OF:
DADHIBHAL SHAW
VERSUS
OFFICIAL LIQUIDATOR, HIGH COURT,CALCUTTA
AND
IN THE MATTER OF:
GURDEEP SINGH SAHNI
BEFORE:
The Hon'ble JUSTICE ASHIS KUMAR CHAKRABORTY
Date : 23rd April, 2018.
Mr. Gurdeep Singh Sahni, appears in person.
Mr. Swadhin Barua,Official Liquidator appears.
Mr. Amit Kumar Choudhary,Chief Manager, Union Bank of India, ....appears in person Mr. Sanjay Kumar Jain, Mr. Tushar Saraogi & Mr. Ashok Saraogi, Mr. Dadhibal Shaw, creditors .....all appear in person.
The Court :- At the instance of the applicant, CA No. 90 of 2018 is appearing under the heading "To Be Mentioned".
In this application the applicant has prayed for recalling of the order dated February 07,2018 passed by this Court directing winding up of the company. On April 5, 2018 this Court 2 refused to pass any interim order in this application and directed the petitioning creditor and the other creditors, at whose instance the order dated February 7, 2018 was passed to file their respective affidavit-in-opposition within three weeks. However, the time for filing such affidavits- in-opposition by the said creditors of the company (in liquidation) has not yet expired.
The applicant, being one of the ex directors and the majority shareholder of the company (in liquidation) mentioned the matter for early disposal of the application on the ground that he has taken steps for payment of the dues of the aforementioned creditors of the company (in liquidation). There is, however, nothing on record mentioning the particulars of the creditors of the company (in liquidation) or the mode of payment of the dues of the said creditors.
In the view of the above facts, the applicant is directed to file a supplementary affidavit within April 27, 2018 disclosing the particulars of the creditors of the company (in liquidation) at whose instance the order dated February 07,2018 was passed, as well as the particulars of the payment of the outstanding dues of the said creditors. The applicant shall serve a copy of the said supplementary affidavit upon all the aforementioned creditors of the company (in liquidation) who shall file their respective affidavit-in-opposition dealing with the allegations made in the application ,as well as in the supplementary affidavit filed by the applicant within May 07, 2018; replies thereto, if any by the applicant be filed within May 10, 2018.
Let, this application appear under the heading "Company Matter (Adjourned)" on May 14, 2018.
Needless to mention, the point of maintainability of this application shall be decided at the time of hearing.
(ASHIS KUMAR CHAKRABORTY, J.) S.Chandra