D. Wren Industries (P) Ltd. Vs. Rahul Commerce (P) Ltd. - Court Judgment

Excerpt:
the court : this is a winding up application coming up for admission. it is a very old case of 2001. none appears for the company even at the second call. the records say that by his lordships order dated 11th may, 2010 sanjib banerjee, j. had directed the petitioner to serve another notice on the company. an affidavit of service affirmed on 18th june, 2010 has been filed showing such compliance. it appears that this winding up application was admitted on 25th july, 2002. the sum adjudged prima facie payable was rs.1,95,090/- together with interest at the rate of 18% per annum from the date of the cheque. an appeal being aco no.3 of 2004, apo no.236 of 2004 was preferred from such order. that appeal was disposed of on 6th september, 2006 directing payment of the adjudged sum in that appeal by instalments. it is submitted that no such sum has been paid. the appeal court in the said order specifically said that if there was failure to pay the adjudged sum, the trial court could proceed with the winding up application. no one comes to oppose the submission of the petitioner that there has been such failure. hence the winding up application is admitted subject to scrutiny by the department. the application should be advertised once in the statesman and once in pratidin within four weeks from date. publication in the official gazette is dispensed with. this application is returnable five weeks hence for passing final order. however, the petitioner will not advertise for a period of one week from date and will give notice of this order to the respondent company within 48 hours from today so as to enable the company to take such step as they may be advised. all parties concerned are to act on a signed photocopy of this order on the usual undertakings.

Judgment:
The Court : This is a winding up application coming up for admission. It is a very old case of 2001. None appears for the company even at the second call. The records say that by His Lordships order dated 11th May, 2010 Sanjib Banerjee, J. had directed the petitioner to serve another notice on the company. An affidavit of service affirmed on 18th June, 2010 has been filed showing such compliance. It appears that this winding up application was admitted on 25th July, 2002. The sum adjudged prima facie payable was Rs.1,95,090/- together with interest at the rate of 18% per annum from the date of the cheque.

An appeal being ACO No.3 of 2004, APO No.236 of 2004 was preferred from such order. That appeal was disposed of on 6th September, 2006 directing payment of the adjudged sum in that appeal by instalments. It is submitted that no such sum has been paid. The Appeal Court in the said order specifically said that if there was failure to pay the adjudged sum, the Trial Court could proceed with the winding up application.

No one comes to oppose the submission of the petitioner that there has been such failure. Hence the winding up application is admitted subject to scrutiny by the department. The application should be advertised once in The Statesman and once in Pratidin within four weeks from date. Publication in the Official Gazette is dispensed with.

This application is returnable five weeks hence for passing final order. However, the petitioner will not advertise for a period of one week from date and will give notice of this order to the respondent company within 48 hours from today so as to enable the company to take such step as they may be advised. All parties concerned are to act on a signed photocopy of this order on the usual undertakings.