Calcutta High Court
Modern Infra Projects India Ltd vs Ultra Tech Cement Ltd on 2 December, 2013
Author: Harish Tandon
Bench: Harish Tandon
ORDER SHEET
C.P. 677 of 2013
IN THE HIGH COURT AT CALCUTTA
ORDINARY ORIGINAL CIVIL JURISDICTION
ORIGINAL SIDE
MODERN INFRA PROJECTS INDIA LTD.
And
ULTRA TECH CEMENT LTD
BEFORE:
The Hon'ble JUSTICE HARISH TANDON
Date: 2nd December, 2013.
Appearance:
Mr. Tapan Coomaar Dey, Adv.
Mr. Debsoumya Basak, Adv.
... for the petitioner Ms. R. Sikdar, Adv.
... for the official liquidator The Court: By an order dated 29th July, 2013 the company is already wound up. The petitioning creditor is permitted to lodge the claim before the Official Liquidator within four weeks from date. The Official Liquidator, who is representing today, says that the advertisement is not made inviting the claims from the creditors of the said company (in liquidation) and, therefore, the claim of the petitioner shall be adjudicated together with the claims that may be lodged after the advertisement.
In view of the above, the Official Liquidator is directed to adjudicate the claim of the petitioning creditor simultaneously with the adjudication of the 2 claims of the other creditors that may be lodged after the advertisement is made, in accordance with law.
The winding up petition shall remain permanently stayed.
(HARISH TANDON, J.) sg2