Kolkata Court April 2013 Judgments
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Tolaram (i) Ltd Vs. the Official Liquidator and anr
Court: Kolkata
Decided on: Apr-01-2013
1 ORDER SHEET APO No.101 of 2013 CP No.232 of 2007 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE In the Matter of : Delta Ware House (P) Ltd (In Liquidation) TOLARAM (I) LTD Versus THE OFFICIAL LIQUIDATOR & ANR BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE ASHOKE KUMAR DASADHIKARI Date :1. t April, 2013. Appearance: Mr.P.K. Ghosh, Sr.Advocate with Mr.M.C. Ghosh and Mr.Amlanjyoti Sengupta Ld. Advocates for the appellant. Mr.R.Bharadwaj with Mr.K.K. Maiti, Ld. Advocates for the Customs Authorities. Ms.Ruma Sikdar, ld. Advocate for the Official Liquidator. The Court :- MRS.Sikdar represents the Official Liquidator. MRS.Sikdar points out, she was all throughout present. However, on March 12, 2013 she was stuck up elsewhere. She could not be present. Since MRS.Sikdar represents the Official Liquidator, service of notice of appeal upon the Official Liquidator is dispensed with. Tolaram (India) PVT.LTD.is the owner of the premises no.15B, Garden Reach Roa...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Apr-01-2013
CP No.418 of 2012 IN THE HIGH COURT AT CALCUTTA ORIGINAL JURISDICTION IN THE MATTER OF: RUBI STAR MARKETING PVT.LTD.-ANDJAYANT GHOSE BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : April 1, 2013. Appearance: Mr.Sabyasachi Chowdhury, Adv.Mr.Rajarshi Dutta, Adv.The Court : The company is not represented despite service and subsequent notices at both the registered office of the company and at the known addresses of the directors of the company. It appears that the company may have vanished altogether upon obtaining deposits from gullible parties. The claim of the petitioning-creditor is on account of money deposited for return by the company with interest. The amount claimed in the statutory notice is Rs.7,09,398/-. Since the statutory notice has been posted in the usual couRs.and addressed to the registered office and no reply has been received thereto, there is a presumption of the companys inability to pay its debts. CP No.418 of 2012 is admitted for the principal sum of Rs.7,09,39...
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