Calcutta High Court
Sss Loha Marketing Pvt. Ltd vs Bibby Financial Services India Pvt. Ltd on 15 December, 2014
ORDER SHEET
ACO 226/2014
APO 452/2014
CP 552/2013
IN THE HIGH COURT AT CALCUTTA
Civil Appellate Jurisdiction
ORIGINAL SIDE
SSS LOHA MARKETING PVT. LTD.
Versus
BIBBY FINANCIAL SERVICES INDIA PVT. LTD.
BEFORE:
The Hon'ble JUSTICE BANERJEE
The Hon'ble JUSTICE ASHIS KUMAR CHAKRABORTY
Date : 15th December, 2014.
Mr.Samit Talukdar, Senior Advocate
Mr.Suman Dutta, Advocate
Ms.H. Chakraborty, Advocate
for the appellant.
Mr.M.S. Vinayak, Advocate
Ms.Ahana Sikder, Advocate for the
respondent.
The Court : This application for review has come up to point out a mistake that was crept in the judgment and order dated December 2, 2014.
Mr.Talukdar, learned Senior Counsel would point out, while admitting the winding-up petition for Rs.4,00,06,655.52, this Court omitted to give adjustment of Rs.30 lacs that the review applicant paid before the learned Judicial Magistrate at Gurgaon, Haryana.
2
Per contra, Mr.Vinayak would submit, the said amount could not be adjusted towards principal. Moreover, the concerned Director admitted to have it forfeited in case of default in making payment of the balance sum.
We have considered all the documents that were placed before us including the statement singed by the Director and the circumstance under which he had to sign the same. We admit our mistake that is pointed out by Mr.Talukdar and modify our order by substituting the amount of Rs.3,70,06,655.52 in place and stead of Rs.4,00,06,655.52 in the last page of the judgment. Mr.Talukdar prays for easy instalments. Mr.Vinayak opposes the prayer as the winding-up petition has already taken its representative character by making publication of the advertisement. In such view of the matter, we do not wish to consider his prayer for instalments.
The review application is, thus, dismissed without, however, no order as to costs.
(BANERJEE, J.) (ASHIS KUMAR CHAKRABORTY, J.) sd/ AR[CR]