Calcutta High Court
Re: Maithan Ispat Limited vs Kunal Shah on 29 August, 2016
Author: Soumen Sen
Bench: Soumen Sen
CP No.584 of 2016
IN THE HIGH COURT AT CALCUTTA
Original Jurisdiction
ORIGINAL SIDE
RE: MAITHAN ISPAT LIMITED
-And-
KUNAL SHAH
Appearance:
Mr. K.C. Garg, Adv.
...for the petitioning creditor.
BEFORE:
The Hon'ble JUSTICE SOUMEN SEN
Date : 29th August, 2016.
The Court : In spite of notice the company is not represented. The affidavit of service is kept with the record.
The claim in the winding up petition is arising out of goods sold and delivered to the company. The petitioner claims that the company is indebted for a sum of Rs.3,72,397/- being the price of goods sold and delivered to the company between July, 2014 and February, 2015, particulars whereof are given in paragraph 7 of the petition. The petitioner also demanded payment from the company. In view of failure to make payment, a statutory notice dated 4th April, 2016 was issued. The said notice was duly served upon the company. The company, however, has failed to respond to the said notice nor has it paid any sum.
Although the company has the opportunity to appear and contest this proceeding, the company has chosen not to appear 2 which gives an impression that the company is not interested to contest the proceeding. The claim of the petitioning creditor has remained unchallenged and uncontroverted.
Under such circumstances, the winding up petition is admitted for a sum of Rs.3.73 lakh. In the event the company pays off the aforesaid sum within a period of eight weeks from the date of receipt of a written demand appending a copy of this order, the company petition shall remain permanently stayed.
In default the petition will be advertised once in 'The Statesman' and once in 'Aajkal'. The advertisements should indicate that the matter shall appear before Court on the first available working date after the expiry of a period of four weeks from the date of publications being made.
Publication in the official gazette shall stand dispensed with.
C.P.No.584 of 2016 is disposed of accordingly.
(SOUMEN SEN, J.) A/s.