Re : Precision Engineering & Fabricators Pvt Ltd And v. Dadhibal Shaw

OD 2 ORDER SHEET CP/487/2016 IA NO:CA/4/2018 (Old No.CA/236/2018), CA/5/2019

IN THE HIGH COURT AT CALCUTTA

ORIGINAL JURISDICTION ORIGINAL SIDE RE : PRECISION ENGINEERING & FABRICATORS PVT. LTD. AND DADHIBAL SHAW

BEFORE:

The Hon'ble JUSTICE SHEKHAR B. SARAF Date: 26th June, 2023.

Appearance:

Mr. Raj Ratna Sen, Adv.

Mr. Vivek Basu, Adv.

Mr. Pramod Kumar Bagaria, Adv.

...for the petitioning creditor Mr. Sagnik Basu, Adv.

Ms. Nidhi Bahal, Adv.

Mr. Subhrajyoti Dey, Adv.

...for the respondent no.2 The Court: Heard counsel appearing on behalf of the parties. In this matter a winding up order that had been passed by the Court was stayed on 18th May, 2018 and the Court had directed the respondent company to make the payment as per the order passed. Some payments have been made by the respondent company. However, the respondent company went into liquidation

by an order dated 22nd October, 2018 in CP No.173/KB/2017. Accordingly, the respondent company stopped making the balance payments. This information was never provided to the petitioner herein.

In light of the same, the petitioner is granted leave to make its claim before the authority concerned including the IRP within a period of six weeks from date. It may be recorded that the counsel appearing on behalf of the respondent has agreed to the application being made by the petitioner before the IRP. CP/487/2016 along with all interlocutory applications is, accordingly, disposed of.

(SHEKHAR B. SARAF, J.) B.Pal