Calcutta High Court
Amazan Agro Products Ltd vs Infinity Infotech Parks Ltd on 14 March, 2014
Author: Patherya
Bench: Patherya
ORDER SHEET
CP No.710 of 2013
IN THE HIGH COURT AT CALCUTTA
Original Jurisdiction
ORIGINAL SIDE
IN THE MATTER OF:
AMAZAN AGRO PRODUCTS LTD.
AND
INFINITY INFOTECH PARKS LTD.
BEFORE:
The Hon'ble JUSTICE PATHERYA
Date: 14th March, 2014 Mr. Sabyasachi Chowdhury, Adv. with Mr. R. K. Khanna, Adv.
Mr. S. E. Huda, Adv.
..for the petitioner The claim in this winding up petition arises out of lease rent and other charges agreed to between the parties. For non-payment of the lease rent and other charges, the company was called upon to make payment and by its letter dated 12th September, 2012, time was sought by the company in view of severe financial crisis faced by it. Such time was granted. By two several letters dated 12th November, 2012 and 29th November, 2012, the company through its Director once again sought time to make payment. This time was sought in view of the cheques being dishonored. In spite of time granted, the company made no attempt to liquidate the dues of the petitioning creditor. Accordingly, a statutory notice was issued on 3rd August, 2013 which has been 2 received by the company. In spite of receipt of the said statutory notice, no reply has been given. This, therefore, raises the statutory presumption of inability of the company to make payment of its dues which resumption remains unrebutted.
By order dated 20th November, 2013, the petitioning-creditor was directed to serve a copy of the winding up petition on the company which was served and received by the company as will appear from the affidavit of service. Directions were also given for filing affidavits by order dated 23rd December, 2013 which order has also been served on the company, this will also be evident from the affidavit of service. In spite thereof no affidavit-in-opposition has been filed.
This, therefore, entitles the petitioning-creditor to admission of CP No.710 of 2013 for a sum of Rs.1,69,90,941/- . An opportunity is given to the company to make payment of the dues of the petitioning- creditor along with interest calculated at 8% p.a. on and from the date of issuing the statutory notice till realization in four equal monthly instalments. The first of such instalment be paid by 10th April, 2014 and 10th day of each succeeding month. In default of payment of any one instalment, the petitioning-creditor will be at liberty to advertise once in 'Dainik Statesman', Bengali edition and once in 'The Statesman', English edition.
3
Matter is made returnable eight weeks hence.
Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(PATHERYA, J.) AKGoswami