Calcutta High Court
Precision Engineering & Fabricators ... vs Prakash Parcel Services Ltd on 22 December, 2015
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
OD-37
CP No. 780 of 2013
IN THE HIGH COURT AT CALCUTTA
ORIGINAL JURISDICTION
IN THE MATTER OF:
PRECISION ENGINEERING & FABRICATORS PVT. LTD.
AND
PRAKASH PARCEL SERVICES LTD.
BEFORE:
The Hon'ble JUSTICE SANJIB BANERJEE
Date : 22nd December, 2015.
Appearance:
Mr. Amritam Mandal, Adv.
Mr. Sukrit Mukherjee, Adv.
Mr. Rajeev Kr. Jain, Adv.
Ms. Reena Batth, Adv.
Mr. Arup Kr. Mondal, Adv.
The Court : Though it was submitted on behalf of the company when the matter was last taken up on December 7, 2015 that the company had been wound up, the company produces a copy of an order of October 9, 2015 passed in an appeal arising out of a petition filed by Nilambar Butter Pvt. Ltd. against the company. The order of October 9, 2015 recorded that a previous order of September 21, 2015 provided for the stay of operation of the order under appeal, but the order under appeal is not referred to in the appellate order of October 9, 2015 nor is the company able to cite the relevant order. At any rate, the order of October 9, 2015 provided for the subsisting interim order 2 to continue for a period of six weeks after the puja vacation and such period has already expired.
A supporting affidavit has been filed on behalf of the Sethi Enterprises claiming about a sum of Rs.12.79 lakh in principal for goods supplied to the company. The petitioning creditor has also filed the affidavit of compliance.
The company will deal with the claim of the supporting creditor by using an affidavit-in-opposition to the supporting affidavit to be filed by January 11, 2016; reply thereto, if any, may be filed within a week thereafter. The petition will appear on January 19, 2016 as "Company Matter (New)."
(SANJIB BANERJEE, J.) kc.