Full Judgment
ORDER
SHEET CP 45.OF 201.IN THE HIGH COURT AT CALCUTTA Original Jurisdiction RE: RNJ OILS & FATS PVT.LTD.AND PARAKH AGRO INDUSTRIES LTD.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date :
9. h September, 2013.
Appearance : Mr.Riju Ghosal, Adv.The Court : Despite the service, there is no appearance on behalf of the company.
Pursuant to the purchase order dated 08.02.2011, the petitioner supplied packaging materials to the company and raised the invoice at the agreed rate.
The purchase order expressly indicates that the payment would be made within sixty days from the date of the invoice.
The company failed to pay the price of the goods supplied in terms of the purchase order.
The statutory notice under sections 433 and 434 of the Companies Act is duly served on the company which is not replied.
The petitioner claims a principal sum of Rs.5,11,929 together with an interest @ 18% per annum.
Despite the service of the winding up petition the company is not represented which raises the presumption that the company is unable to pay its debts.
The winding up petition is thus admitted for a principal sum of Rs.5,11,929/- together with an interest @ 10% to be calculated from the date of expiration of sixty days from submission of the invoice till payment.
The company is directed to pay the aforesaid amount within three weeks from date.
If the payment is made within the time indicated hereinabove, this winding up petition shall remain permanently stayed.
In default of payment, this petition shall be advertised once in “The Statesman”.
and once in “Bartaman”.The advertisements should indicate that the matter will appear before Court after expiry of four weeks of the fiRs.available working days from the date of the publications being made.
Publication in the Official Gazette will stand dispensed with.
(HARISH TANDON, J.) SBI