Calcutta High Court
M/S. Cosmic Ferro Alloys Ltd vs M/S. Blr Logistics (I) Ltd on 6 June, 2013
Author: Harish Tandon
Bench: Harish Tandon
ORDER SHEET
CP No. 388 of 2012
IN THE HIGH COURT AT CALCUTTA
Original Jurisdiction
IN THE MATTER OF:
M/S. COSMIC FERRO ALLOYS LTD.
AND
M/S. BLR LOGISTICS (I) LTD.
BEFORE:
The Hon'ble JUSTICE HARISH TANDON
Date : 6th June, 2013.
Appearance:
Mr. Purnasish Gupta, Adv.
Mr. J. K. Mukhopadhyay, Adv.
For the Petitioner Mr. Reetobroto Mitra, Adv.
Mr. Rudrajit Sarkar, Adv.
Mr. Prasanta Naskar, Adv.
For the Company The Court: The petitioning creditor claims a principal sum of Rs.32,19,010/- on account of freight charges together with interest of Rs.10,13,987/-. According to the petitioner, the bills regarding the goods transported as per the agreement entered between the parties were raised and the aforesaid amount has not been paid by the company. The company was directed to use the affidavit. In the affidavit-in-opposition the company admits the sum of Rs.8,34,484/- due and payable to the petitioning creditor and disputed the rest. The learned Advocate appearing for the company also submits that the company does not admit the liability of the payment of the other amount than the said sum of Rs.8,34,484/- and, therefore, bona fide dispute has been raised. This company petition is, therefore, admitted for sum of Rs.8,34,484/- as admitted by the company. The company is directed to pay off the said amount within three weeks from date. In default of the payment of the said amount within the period stipulated hereinabove, the petitioner shall be entitled to make advertisement once in the "The Statement" and once in the "Bartaman".
The advertisement 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.
The petitioning creditor will also forward a copy of this order to the Registrar of Companies and require the Registrar to show cause before this Court when this matter shall appear at the post advertisement stage as to the steps taken by Registrar in respect of this Company.
In case, the company pays the aforesaid sum in the manner as indicated above, the winding up petition shall remain permanently stayed.
Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(HARISH TANDON, J.) sg2