Calcutta High Court
M/S. Arambag Hatcheries Ltd vs Unknown on 7 April, 2009
Author: Maharaj Sinha
Bench: Maharaj Sinha
CP 427 of 2008
IN THE HIGH COURT AT CALCUTTA
ORIGINAL SIDE
IN THE MATTER OF :
M/S. ARAMBAG HATCHERIES LTD.
AND
IN THE MATTER OF :
M/S. K.M.AGENCIES
...........PETITIONER.
BEFORE :
THE HON'BLE JUSTICE MAHARAJ SINHA
DATE : 7 April 2009.
For the petitioning creditor :
Mr. S.K.Mallick,advocate Mr. E. Sanwarwala,advocate THE COURT :- It is submitted by Mr. Mallick that in spite of service of statutory notice under Section 434, the company did not think it necessary to reply to such notice. However, on 16 March 2009 learned advocate for the company appeared and submitted that the annexures to the company petition were not with him and, on that basis, learned advocate-on-record of the petitioning creditor was directed to supply all the annexures to the winding up petition to the learned advocate for the company. On 16 March 2009 itself the annexures were sent to learned advocate-on-record of the company. In fact, the annexures, it appears, were received by 2 learned advocate-on-record of the petitioning creditor on 17 March 2009.
Thereafter, this matter was adjourned from time to time. But none on behalf of the company seems to have appeared also. After having considered the merits of the winding up petition, I am of the opinion that the claim made by the petitioning creditor is undisputed and a genuine claim. The company also did not raise any dispute after receipt of the statutory notice for winding up.
The company petition is, therefore,admitted for a principal sum of Rs. 2,53,300/-. The petitioning creditor will also be entitled to receive interest at the rate of 10 per cent from the date of receipt of the winding up notice till payment on the above principal amount. The company is,therefore, directed to pay the above principal amount of Rs. 2,53,300/- along with interest at the rate of 10 per cent from the date of receipt of the winding up notice till payment,namely by 30 April 2009. If the payment is made as directed herein, then and in that event, the winding up proceeding will remain permanently stayed. In case of default or if the payment is not made by 30 April 2009, then the company would be at liberty to advertise once in English Daily,namely in "The Statesman" and once in Bengali Daily, namely in "Dainik Statesman" within two weeks from the date of default. In case of default, the publication in the Official Gazette will stand dispensed with.3
In case of advertisements due to default, the matter will appear for further direction in the list within two weeks from the date of advertisements. If the advertisements take place, this direction should also be mentioned in the advertisements by the petitioning creditor.
All parties are to act on a xerox signed copy of this order on the usual undertakings.
(MAHARAJ SINHA,J.) skc 4