Calcutta High Court
Superfast Traders Private Limited vs Rajasthan Pipes Pvt. Ltd on 3 February, 2015
Author: Biswanath Somadder
Bench: Biswanath Somadder
CP No. 11 of 2015
IN THE HIGH COURT AT CALCUTTA
ORIGINAL JURISDICTION
IN THE MATTER OF:
SUPERFAST TRADERS PRIVATE LIMITED
AND
RAJASTHAN PIPES PVT. LTD.
BEFORE:
The Hon'ble JUSTICE BISWANATH SOMADDER
Date : 3rd February, 2015.
Ms. Prabha Jain, Adv. appears
The Court : The affidavit of service, filed in Court today, indicates
effective service upon the respondent company which remains unrepresented
despite such service.
From the averments made in the instant winding-up petition and from the statutory notice dated 1st December, 2014, it appears that a sum of Rs.74,75,000/- is due and payable to the petitioning-creditor by the company. The statutory notice was duly served upon the company, but was not replied to. As such, there is a presumption of acknowledgment of debt by the company and its inability to pay off the debt. CP No.11 of 2015 is, therefore, admitted for a principal sum of Rs.74,75,000/- together with interest thereon at the rate of 6 per cent per annum to be calculated from the date of the statutory notice till actual payment.
If the company pays off the entire amount, including interest, within a period of four weeks from date, the winding-up petition will remain 2 permanently stayed. In default, the winding-up petition will automatically stand revived and will be advertised once in "The Statesman" and once in "Bartaman". In the advertisements to be published in the said two newspapers it shall be indicated therein that the matter will appear before this Court under the same heading three weeks from the date of the advertisements.
Publication in the Official Gazette, however, will stand dispensed with.
CP No.11 of 2015 is, accordingly, disposed of.
Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(BISWANATH SOMADDER, J.) kc.