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Appellant Vs. Respondent

Appellant vs Respondent

Type Court Judgment Court Kolkata Decided Feb 17, 2014
~3 min read
https://sooperkanoon.com/case/1127858

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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

.....to be deposited with its advocate-on-record to ensure that no further cheques are dishonoured. accordingly, moratorium for two months, viz., february and march is granted to the company and the orders passed earlier stand modified to the extent that the amount to be disbursed is based on the percentage worked out by the earlier orders.out of the sum of rs.5 lakhs for the months of february and march. let such payments be made by 19th february, 2014 to the 13 unsecured creditors who have been receiving payments pursuant to orders passed though now they will receive these amounts out of the sum of rs.5 lakhs which is a reduced sum. payment for march be made on 19th march, 2014 by the advocate-on-record of the company with whom the company shall deposit the sum of rs.5 lakhs. to consider whether the amount is to remain at rs.5 lakhs matter is directed to appear in the monthly list of march, 2014. stay granted is extended till 30th april, 2014. the list of unsecured creditors to whom payment is to be made be kept on record. 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 : 17th February, 2014.

Mr.Mainak Bose, Advocate for Klassic Apartment Pvt.LTD.Mr.A.Kundu for petitioning creditor in item nos.16, 17 and 18.

Mr.Tapan Coomaar Dey, Advocate for petitioning creditor in CP4682009.

Mr.Aniruddha Mitra for Jet Age Finance Pvt.LTD.Mr.S.Dewanji,Advocate for petitioning creditor in item nos.15, 21 & 22.

Mr.M.S.

Sarkar for petitioning creditor in CP566of 2011.

Mr.Rajat Dutta for petitioning creditor in CP158of 2011.

Mr.R.Tiwary petitioning creditor in CP No.331 of 2013.

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

Sharma for the company.

The Court :-.

On behalf of the company moratorium of four months is sought but in this moratorium period the company is ready and willing to make payment of Rs.5 lakhs per month to be deposited with its Advocate-on-Record to ensure that no further cheques are dishonoured.

Accordingly, moratorium for two months, viz., February and March is granted to the company and the orders passed earlier stand modified to the extent that the amount to be disbursed is based on the percentage worked out by the earlier ordeRs.out of the sum of Rs.5 lakhs for the months of February and March.

Let such payments be made by 19th February, 2014 to the 13 unsecured creditors who have been receiving payments pursuant to orders passed though now they will receive these amounts out of the sum of Rs.5 lakhs which is a reduced sum.

Payment for March be made on 19th March, 2014 by the Advocate-on-Record of the company with whom the company shall deposit the sum of Rs.5 lakhs.

To consider whether the amount is to remain at Rs.5 lakhs matter is directed to appear in the monthly list of March, 2014.

Stay granted is extended till 30th April, 2014.

The list of unsecured creditors to whom payment is to be made be kept on record.

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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Same Court & Year Kolkata · 2014 Same Parties Appellant vs Respondent Same Subject Education Same Judge Nadira Patherya
Education

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