Calcutta High Court
Divya Jyoti Sponge Iron Pvt. Ltd vs Crackers India (Alloys) Ltd on 11 December, 2014
Author: Biswanath Somadder
Bench: Biswanath Somadder
ORDER SHEET
CP No.947 of 2014
IN THE HIGH COURT AT CALCUTTA
Original Jurisdiction
ORIGINAL SIDE
IN THE MATTER OF:
DIVYA JYOTI SPONGE IRON PVT. LTD.
AND
CRACKERS INDIA (ALLOYS) LTD.
BEFORE:
The Hon'ble JUSTICE BISWANATH SOMADDER
Date: 11th December, 2014 Ms. Aiman Abdullah, Adv.
..for the petitioner Ms. Rima Das, Adv.
..for the company Having heard the learned advocates for the parties and upon perusing the instant application, it appears that the petitioning creditor had issued a statutory notice dated 21st May, 2014, which was duly received by the company but was never replied to.
Now, when the winding up application comes up for consideration before this Court, learned advocate representing the company submits that her client wishes to file an affidavit in order to dispute the consignment notes, which was issued in the year 2012, by the petitioning creditor.
From 2012 till date, there is nothing on record, which will go to show that the company disputed the contents of the consignment 2 notes. The company accepted delivery of the goods from the petitioning creditor in terms of those consignment notes without any demur or protest. The statutory notice dated 21st May, 2014 could have been replied to by the company taking this point. However, the company never chose to do so. As such, there is a clear presumption of acknowledgement of debt by the company and its inability to pay its debt. Seeking direction for filing of affidavit, in such circumstances, is merely a ploy to stall the winding up proceeding. In the facts and circumstances of the instant case, such affidavit-in-opposition is not even called for. As such, let this matter stand adjourned till 16th December, 2014 for further orders.
(BISWANATH SOMADDER, J.) AKGoswami