Calcutta High Court
Re: Precision Engineering & ... vs Dadhibal Shaw on 17 August, 2016
Author: Soumen Sen
Bench: Soumen Sen
ORDER SHEET
CP No.487 of 2016
IN THE HIGH COURT AT CALCUTTA
Original Jurisdiction
ORIGINAL SIDE
RE: PRECISION ENGINEERING & FABRICATORS PVT. LTD.
AND
DADHIBAL SHAW
BEFORE:
The Hon'ble JUSTICE SOUMEN SEN
Date : 17th August, 2016.
Appearance:
Mr. Rajratna Sen, Adv.
Mr. Sidharta Basu, Adv.
Mr. B.M. Bagaria, Adv.
Mr. Anirban Roy, Adv.
Mr. Soumabho Ghosh, Adv.
Mr. Shaunak Mitra, Adv.
The Court: The matter was adjourned on 13th July, 2016 on a representation made on behalf of the company that the company wants to settle the dispute with the creditors. At the relevant point of time, three other winding up petitions were pending. In the meantime advertisements took place. Before the Hon'ble Division Bench on a representation made by the company that they would settle the matter with the creditors, the matter was adjourned and dispose of ultimately. The other three company petitions were disposed of in or about 10th of August, 2016.
When this matter came up for consideration, it is submitted that the company disputes the claim of the petitioning creditor, although during the pendency of this proceeding the company has paid a sum of Rs.5.50 lacs. It is also an admitted position that no reply to the winding up notice was given and, on the contrary, a sum of Rs.5.50 lacs has been paid after receipt of the winding up notice and before filing of the company 2 petition. The company wants to file an affidavit disputing the claim of the petitioning creditor. The learned Counsel appearing on behalf of the company has submitted that on 20th July, 2016 the company has offered to pay a sum of Rs.35,46,610/- in the following manner:
"1. Initial payment of Rs.3.00 lacs on signing the settlement of agreement.
2. Every month payment of Rs.1.5 lacs by 15th of each month."
The learned Counsel appearing on behalf of the petitioning creditor, however, submits that the petitioning creditor is not willing to accept the said amount.
In view thereof, the company shall be permitted to file an affidavit in opposition within one week from date; reply thereto, if any, within a week thereafter. The matter shall appear as "Company Matter Adjourned" three weeks hence. The letter dated 20th July, 2016 is kept with the record.
(SOUMEN SEN, J.) sp/