Appellant Vs. Respondent

Appellant vs Respondent

Type Court Judgment Court Kolkata Decided Mar 26, 2012

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https://sooperkanoon.com/case/1060505

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Citation: sooperkanoon.com/1060505
Court: Kolkata High Court
Judge: Sanjib Banerjee
Decided On: Mar 26, 2012
Subject: Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

Appellant

Respondent

Excerpt

.....being made, advocate representing the company will invest the same by way of a fixed deposit with any nationalized bank having its branch within the vicinity of this court and advocate representing the company will remain as receiver over the same which will be held free from all lien and encumbrances and a copy of the fixed deposit receipt should be made over to advocate representing the petitioning creditor. in such event, c.p.no.152 of 2010 will appear as an ‘adjourned company matter’ in the monthly list of may, 2012. in default of the deposit being within the time permitted, this application will stand dismissed with costs and the time to make the advertisements in terms of the order dated february 6, 2012 will stand extended by six weeks from date. upon the deposit being made, affidavit-in-opposition to c.p.no.152 of 2010 should be filed within two weeks from the date of the deposit being made; reply thereto, if any, may be filed before the matter is taken up. c.a.no.248 of 2012 is disposed of without any order as to costs. urgent certified photocopies of this order, if applied for, be given to the parties subject to compliance with all requisite formalities. (sanjib banerjee, j.) a/s.

Full Judgment

CA No.248 of 2012 CP No.152 of 2010 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE IN THE MATTER OF: S.P.AGARWALA & Co.PVT.LTD.-And MAHABIR PRASAD GUPTA Appearance: Mr.Rudraman Bhattacharyya, Adv.Mr.Sunil Singhania, Adv.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :March 26, 2012.

The Court : This is an application for recalling an order of admission of the creditor’s winding-up petition that was made when the company was not represented.

Since sufficient grounds have been made as to why the company was not represented on February 6, 2012 when the petition was admitted and the company has offered to put in the principal sum adjudged by such order of Rs.1,81,873/- with Advocate representing the company, the order of admission may be recalled.

There will be an unconditional stay of operation of the order dated February 6, 2012 for a fortnight from date.

If, within such time, the company deposits a sum of Rs.1,80,000/- with Advocate representing the company upon notice to the petitioning creditor, the order dated February 6, 2012 will stand recalled.

Upon the deposit being made, Advocate representing the company will invest the same by way of a fixed deposit with any nationalized bank having its branch within the vicinity of this Court and Advocate representing the company will remain as receiver over the same which will be held free from all lien and encumbrances and a copy of the fixed deposit receipt should be made over to Advocate representing the petitioning creditor.

In such event, C.P.No.152 of 2010 will appear as an ‘adjourned company matter’ in the monthly list of May, 2012.

In default of the deposit being within the time permitted, this application will stand dismissed with costs and the time to make the advertisements in terms of the order dated February 6, 2012 will stand extended by six weeks from date.

Upon the deposit being made, affidavit-in-opposition to C.P.No.152 of 2010 should be filed within two weeks from the date of the deposit being made; reply thereto, if any, may be filed before the matter is taken up.

C.A.No.248 of 2012 is disposed of without any order as to costs.

Urgent certified photocopies of this order, if applied for, be given to the parties subject to compliance with all requisite formalities.

(SANJIB BANERJEE, J.) A/s.

Same Court & Year Kolkata · 2012 Same Parties Appellant vs Respondent Same Subject Education Same Judge Sanjib Banerjee