Calcutta High Court
M/S. Digital Domain (India) Pvt. Ltd vs M/S. Matrix Cellular (International) ... on 19 January, 2011
Author: I.P. Mukerji
Bench: I.P. Mukerji
CP No.436 of 2010
IN THE HIGH COURT AT CALCUTTA
ORIGINAL JURISDICTION
ORIGINAL SIDE
In the matter of:
M/s. Digital Domain (India) Pvt. Ltd.
Versus
M/s. Matrix Cellular (International) Services
Pvt. Ltd.
Before:
The Hon'ble Justice
I.P. Mukerji
Date: 19.01.2011
Appearance:
Ms. Aditi Sehgal Adv.,
Ms. Sonal Saha Adv.,
The Court: This is a winding up application coming up for
admission.
The petitioning creditor provides telecommunication service to its
customers.
It provided such service, pursuant to an agreement with the
respondent company. The beneficiary of such service was one of the
employees of this company who was travelling abroad. To be more particular the service provided was mobile phone service in the places overseas that this employee of the respondent company visited.
It was provided between 18th August, 2008 to 2nd October, 2008. 2 The value of the services availed of by the company was Rs.53,856.47/- . It made part payment of Rs.38,470/- . The principal sum due as on date is Rs.15,308/-. The petitioning creditor claims interest at the rate of 18% per annum on such sum.
It is stated that the company made no reply to the statutory notice. When this application came up in my list after service on 6th September, 2010, none appeared for the company. I directed the advocate on record for the petitioning creditor to communicate to them, the directions for filing affidavits which I made on that day. That has been duly done. An affidavit of service is filed to that effect. No affidavit in opposition was filed.
Once again this application appeared in my list on 17th January, 2011. None appeared for the company. I directed this application to appear today as "Company Matter Adjourned (Un-opposed)". Accordingly it has so appeared.
Therefore, the allegation of the petitioning creditor that there was no reply to the statutory notice stands uncontroverted. Therefore, there is a presumption of insolvency.
Further by not replying to the statutory notice and not filing any affidavit in opposition to this petition, the respondent company has disclosed no defence whatsoever to this claim.
3
Hence, I prima facie hold that the petitioning creditor is entitled to the said sum of Rs.15,308/- together with interest thereon at the rate of 18% per annum simple interest (there is an interest agreement between the petitioning creditor and the company annexed to the petition) from 1st November, 2008 till payment. The petitioning creditor will be entitled to interest at the same rate on Rs.53,856.57/- from 1st November, 2008 till the date of making of the payment of Rs.25,386/- and again on the balance at the same rate till making of payment of a further part payment of Rs.10,000/-. But from this aggregate interest the interest provided on Rs.15,308/- for the above period upto payment of Rs.10,000/- has to be deducted.
Therefore this winding up application is admitted. This application is to be advertised once in an English newspaper and once in a Bengali newspaper having circulation of over 20,000 copies each daily in West Bengal, considering the small claim. The format of the advertisement may be shortened at the discretion of the Advocate-on- Record for the petitioning creditor, but should contain the essential information. Publication in the Official Gazette is dispensed with. Such publication has to be made within a period of four weeks from date.
List this application as "Company Matter New" five weeks hence. 4 All parties concerned are to act on a signed photocopy of this order on the usual undertakings.
(I.P. Mukerji, J.) SP/