Calcutta High Court
Wb Precision Engineering Solution (P) ... vs M/S. C. D. Automation Pvt. Ltd on 5 October, 2010
Author: I. P. Mukerji
Bench: I. P. Mukerji
CP No. 296 of 2010
IN THE HIGH COURT AT CALCUTTA
Original Jurisdiction
WB PRECISION ENGINEERING SOLUTION (P) LTD.
AND
M/S. C. D. AUTOMATION PVT. LTD.
BEFORE:
The Hon'ble JUSTICE I. P. MUKERJI
Date : 5th October, 2010.
MR.ANIRUDDHA ROY, MS.S.ROY CHOWDHURY, ADVOCATES FOR PETITIONING CREDITOR MR.RUDRAJIT SARKAR,ADVOCATE FOR COMPANY The Court :By consent of the parties this winding up application is disposed of by the following order.
The company viz.WB Precision Engineering Solutions (P) Ltd. admits its liabilities to the extent of the principal amount claimed in this winding up petition for a sum of Rs.3,39,017/-. The company has agreed to pay the said sum to the petitioning creditor in the following manner:
a) The company shall pay to the petitioning creditor a sum of Rs.1,50,000/- (Rupees one lakh fifty thousand) only within three weeks from the date of this order by Bank Draft or Pay Order.
b) The balance amount to Rs.1,89,017/- shall be paid by the company to the petitioning creditor by monthly instalments of Rs.20,000/-(Rupees twenty thousand) each only for a period of 9 months. The first of such instalment will be paid by the company to the petitioning creditor on or before 20th October 2010 by Bank Draft or Pay Order and all 2 the succeeding instalment of Rs.20,000/- per month will be paid on or before 10th day of every succeeding month by Bank Draft or Pay Order.
c) The last and 10th instalment of Rs.9,017/- will be paid by the company to the petitioning creditor by Bank Draft or Pay Order on or before 10th day of last month.
d) In default of making payment of the said sum of Rs.1,50,000/- or any two instalments or the said last instalment of Rs.9,017/- the winding up petition shall stand admitted and the petitioning creditor will be at liberty to make the necessary publication once in "Aajkal" and once in "The Telegraph" mentioning that the winding up petition will be made returnable before the Company Court on the following day after 4 weeks from the date of such publication. Publication in the Official Gazette would stand to be dispensed with.
In the event, the entire dues of the petitioning creditor is paid by the company in the manner as stated, this winding up petition will be mentioned for dismissal.
All parties concerned are to act on a signed photocopy of this order upon the usual undertakings.
(I. P. MUKERJI, J.) Sb/ Assistant Registrar(C.R.)