Calcutta High Court
Amazan Agro Products Ltd vs Groupm Media India Pvt.Ltd on 21 August, 2013
Author: Harish Tandon
Bench: Harish Tandon
ORDER SHEET
CP No.217 of 2013
IN THE HIGH COURT AT CALCUTTA
Original Civil Jurisdiction
ORIGINAL SIDE
IN THE MATTER OF :
AMAZAN AGRO PRODUCTS LTD
-AND-
GROUPM MEDIA INDIA PVT.LTD
BEFORE:
The Hon'ble JUSTICE HARISH TANDON
Date : 21st August, 2013.
Appearance:
Ms. Moushumi Bhattacharya, Adv.
Mr. S. Datta, Adv.
The Court : The petitioner entered into an agreement dated 1st September, 2010 with the company for providing the media services for television, press and radio for a period of six months. The terms relating to payment of commission indicate that apart from the costs for media bookings, the company shall pay the petitioner a monthly fees of Rs.2 lakhs together with service or other similar tax as applicable.
Under Clause 5.3 of the said agreement, the payment was to be made within one month from the date of submission of the invoices and in default, it would attract an interest at the rate of 1.5% per month. Bunch of the invoices annexed to the winding up petition was submitted but the company did not pay the sum. In fact, the company issued three several cheques covering the part of the total claim which was dishonoured 2 subsequently. The petitioner caused first statutory notice but did not initiate any proceeding as the company gained time to pay the entire dues of the petitioner. The emails issued by the company on May 28, 2012 and July 1, 2012 contain an unequivocal and clear admission on the part of the company about the legal dues of the petitioner. Despite the assurance being given to liquidate the legal dues, the company did not pay a single farthing to the petitioner which compelled the petitioner to cause the another statutory notice which is duly received by the company. There is no reply to the said statutory notice.
At the time of entertaining the winding up petition, the petitioner was directed to serve a copy of the winding up petition. But in spite of service, the company did not appear. The petitioner was further directed to serve another notice indicating that the company is required to file affidavit-in-opposition within the stipulated period which has also been communicated by the petitioner. Despite service, there is no representative of the company even today.
In view of the admission on the part of the company to pay the dues of the petitioner and in absence of any opposition being filed despite permitted to do so, this Court has no hesitation but to admit the winding up petition. The winding up petition is admitted for a principal sum of Rs.1,20,86,364,58 together with an interest at the rate of 18% p.a. to be 3 calculated from the date of statutory notice till payment and costs assessed at 600 GMs.
The company is directed to pay the principal amount, interest and the costs as indicated above within one month from date. If the payment is made within the time stipulated hereinabove, this winding up petition shall remain permanently stayed. In default, the petitioner shall be entitled to advertise the petition once in "The Statesman" and once in "Bartaman". The advertisements should indicate that the matter will appear before Court after expiry of four weeks from the date of the publications being made. Publication in the Official Gazette will stand dispensed with.
Urgent certified photocopies of this order be made available to the parties, if applied for, upon compliance with all requisite formalities.
(HARISH TANDON, J.) B.Pal/A.G