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Appellant Vs. Respondent

Appellant vs Respondent

Type Court Judgment Court Kolkata Decided Feb 11, 2014
~3 min read
https://sooperkanoon.com/case/1125816

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Citation
Court
Kolkata High Court
Judge
Decided On
Subject
Education

Case Summary

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

Education

Key legal issue
Education

Parties & Advocates

Appellant / Petitioner

Appellant

Respondent

Respondent

Excerpt

.....pvt.ltd.mr.s.dewanji, advocate for petitioner in item nos.9,15 & 16. mr.m.s. tiwary petitioning creditor in cp331of 2013. mr.pratap chatterjee, sr.adv., mr.d.n. sharma for the company. mr.m.s.sarkar appears in cp5662011. mr.sayan dutta appears in item no.14. the court :- an order of winding up was passed on 10th february, 2014. after the passing of such order the company through counsel appeared and expressed its difficulties in making such payment. the company is desirous of proposing a scheme for payment. it is not the intent of the court to bring to an end a business in the state of west bengal which in any event is very few in number. as there are numerous petitioning credit ors.let the proposal put forth to court by the company through its counsel be placed before this class of credit ors.it is only to consider the proposal to be put forward by the company that the order dated 10th february, 2014 be stayed till 18th february, 2014. matters to appear in the list on 17th february, 2014 as “to be mentioned” at 2 p.m.official liquidator and all parties to act on a photostat signed copy of this order on the usual undertakings. ( patherya, j.) pa

Full Judgment

ORDER

SHEET IN THE HIGH COURT AT CALCUTTA Original Jurisdiction CP468OF 2009 BENGAL WATERPROOF LTD.AND MALVIKA SYNTHETICS (P) LTD.CP299OF 2010 BENGAL WATERPROOF LTD.AND JET AGE FINANCE PVT.LTD.CP311of 2010 BENGAL WATERPROOF LTD.AND KLASSIC APARTMENT PVT.LTD.CP11OF2011M/S.BENGAL WATERPROOF LTD.AND M/S.VISHWA ENTERPRISE CP12of 2011 M/S.BENGAL WATERPROOF LTD.AND M/S.TIRUPATI ENTERPRISES CP14OF2011M/S.BENGAL WATERPROOF LTD.AND SAVITA BHARTIA CP158OF 2011 BENGAL WATERPROOF LTD.AND M/S.CROMPTON INDUSTRIAL & CHEMICAL Co.CP566OF 2011 BENGAL WATERPROOF LTD.AND INDRAJIT BALL CP252OF 2012 BENGAL WATERPROOF LTD.AND ANSUYA J.

DOSHI CP238OF 2013 BENGAL WATERPROOF LTD.AND JAI BOTHRA (HUF) CP257OF 2013 BENGAL WATERPROOF LTD.AND ANITA BOTHRA CP258OF 2013 BENGAL WATERPROOF LTD.AND ANUJ BOTHRA CP331OF2013M/S.BENGAL WATERPROOF LTD.AND SMT.

PAYAL SINGHANIA CA353OF 2013 WITH CP566OF 2011 BENGAL WATERPROOF LTD.AND MAHESH TEA CHEST CP391OF 2013 BENGAL WATERPROOF LTD.AND HITESH BABARIA AND FAMILY, HUF CP404OF 2013 BENGAL WATERPROOF LTD.AND SHILPA BABARIA BEFORE: The Hon'ble JUSTICE PATHERYA Date : 11th February, 2014.

Mr.Mainak Bose, Advocate for Klassic Apartment Pvt.LTD.Mr.K.Shah for Manish Enterprises.

Mr.A.Kundu for petitioning creditor in CP238/2013,CP257/2013 & CP2582013 Mr.Tapan Coomaar Dey, Advocate with Mr.Debsoumya Basak for petitioning creditor in CP4682009.

Mr.Aniruddha Mitra for Jet Age Finance Pvt.LTD.Mr.S.Dewanji, Advocate for petitioner In item nos.9,15 & 16.

Mr.M.S.

Tiwary petitioning creditor in CP331of 2013.

Mr.Pratap Chatterjee, Sr.Adv., Mr.D.N.

Sharma for the company.

Mr.M.S.Sarkar appears in CP5662011.

Mr.Sayan Dutta appears in item no.14.

The Court :- An order of winding up was passed on 10th February, 2014.

After the passing of such order the company through Counsel appeared and expressed its difficulties in making such payment.

The company is desirous of proposing a scheme for payment.

It is not the intent of the Court to bring to an end a business in the State of West Bengal which in any event is very few in number.

As there are numerous petitioning credit ORS.let the proposal put forth to Court by the company through its Counsel be placed before this class of credit ORS.It is only to consider the proposal to be put forward by the company that the order dated 10th February, 2014 be stayed till 18th February, 2014.

Matters to appear in the list on 17th February, 2014 as “To Be Mentioned” at 2 p.m.Official Liquidator and all parties to act on a photostat signed copy of this order on the usual undertakings.

( PATHERYA, J.) pa

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