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Calcutta High Court

Saswati Mehrotra vs M/S. Bla Projects Limited on 9 January, 2020

Author: Sanjib Banerjee

Bench: Sanjib Banerjee

OD-8



                                   ACO No. 25 of 2019
                                            in
                                  APO No. 115 of 2013
                                   CP No. 542 of 2011
                           IN THE HIGH COURT AT CALCUTTA
                               Civil Appellate Jurisdiction
                                     ORIGINAL SIDE



                                   SASWATI MEHROTRA

                                           Versus

                              M/S. BLA PROJECTS LIMITED


 BEFORE:

 The Hon'ble JUSTICE SANJIB BANERJEE

 The Hon'ble JUSTICE KAUSIK CHANDA

 Date : 9th January, 2020.



                                                                              Appearance:
                                                                 Mr. Sourav Mukherjee, Adv.
                                                                       Mr. Aman Baid, Adv.

                                                                    Mr. Debdeep Sinha, Adv.


             The Court : The application has been made in an appeal that was disposed

   of by an order dated June 25, 2013. The appeal arose out of a creditor's petition for

   winding up the respondent company.

The appeal was disposed of by directing the company to deposit a sum of Rs.10 lakh by way of a fixed deposit and such deposit was to stand to the credit of the civil suit that the petitioning creditor was given liberty to file. 2

The present application has been filed jointly by the petitioning creditor and the company. One of the prayers in the application is for the name of the company to be appropriately reflected as a private limited company. Such prayer is allowed and the name of the company should be reflected as BLA Projects Private Limited.

The disputes between the parties have been resolved in course of the pendency of the civil suit and the petitioning creditor submits that the petitioning creditor's claim has been satisfied. In such view of the matter, a joint prayer has been made for the release of the deposit that had been put in by the company pursuant to the order of this Court of June 25, 2013.

The company is permitted to withdraw the deposit. The fixed deposit receipt furnished to the Registrar, Original Side should be returned in original within a fortnight of an authenticated copy of this order being presented before the Registrar.

ACO No.25 of 2019 stands disposed of. It should be recorded that APO No.115 of 2013 and CP No.542 of 2011 stood disposed of by virtue of the earlier order of June 25, 2013.

There will be no order as to costs.

(SANJIB BANERJEE, J.) (KAUSIK CHANDA, J.) kc