Calcutta High Court
Precision Engineering & Fabricators ... vs Prakash Parcel Services Ltd on 7 December, 2015
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
O-42
CP No. 780 of 2013
IN THE HIGH COURT AT CALCUTTA
ORIGINAL JURISDICTION
IN THE MATTER OF:
PRECISION ENGINEERING & FABRICATORS PVT. LTD.
AND
PRAKASH PARCEL SERVICES LTD.
BEFORE:
The Hon'ble JUSTICE SANJIB BANERJEE
Date : 7th December, 2015.
Appearance:
Mr. Rajeev Jain, Adv.
Ms. Reena Batth, Adv.
Mr. Sukrit Mukherjee, Adv.
Mr. Aurp Kr. Mondal, Adv.
The Court : The petition has been advertised. A copy of the advertisement published in "The Statesman" on October 3, 2015 has been carried to Court by Sethi Enterprises, claiming to be a creditor of the company.
No affidavit has been filed on behalf of the petitioner indicating compliance with the directions for publication of advertisements. It further appears that the address of advocate for the petitioner was not indicated in the notice and the supporting creditor claims that the mobile number indicated in the advertisements was unresponsive.
The petition will appear as "Company Matter (New)" on December 21, 2015, subject to the petitioner paying costs assessed at Rs.5000/- to the West Bengal State Legal Services Authority by then for the lack of diligence on its part.
Since the company is represented, it is put on notice that it may be wound up if the payment due is not made to the petitioning creditor by the time the matter appears 2 next. It is, however, submitted by the company that it has been wound up though no order of winding-up is produced.
Advocate for the petitioning creditor will make available a copy of the petition and the orders passed thereon by December 8, 2015 to advocate for Sethi Enterprises for such creditor to file the supporting affidavit by the time the matter appears next.
Urgent certified website copies of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(SANJIB BANERJEE, J.) kc.