Calcutta High CourtVrajraj Ispat Ltd vs Kohinoor Steel Pvt. Ltd on 28 June, 2016Author:Biswanath SomadderBench:Biswanath SomadderORDER SHEET
                                   CP No.420 of 2016
                           IN THE HIGH COURT AT CALCUTTA
                                  Original Jurisdiction
                                    ORIGINAL SIDE




                                 IN THE MATTER OF:
                                 VRAJRAJ ISPAT LTD.
                                       -AND-
                              KOHINOOR STEEL PVT. LTD.


   BEFORE:
  The Hon'ble JUSTICE BISWANATH SOMADDERDate : 28th June, 2016.Appearance:Mr. Sanjib Dawn, Adv.The Court : Let the affidavit filed in Court today on behalf of the petitioning

creditor annexing a copy of the print out of the Master Data obtained from the official

website of the Registrar of Companies, West Bengal, be taken on record.Perusing the same, it appears that there has been no change of the registered

address of the company.      As such, it is quite evident that the company does not

maintain its registered office at the address provided by the company, in view of the

endorsement made by the postal authorities while returning the notice of the winding up

application which was sought to be served upon the company.In such circumstances, the company shall be deemed to have been effectively

served at its known registered address. The company, however, remains unrepresented

even at the time of second call.From the averments made in the instant winding up petition and from the

statutory notice dated 7th December, 2015, it appears that a sum of Rs.6,93,96,541/- is2due and payable to the petitioning creditor by the company. The statutory notice was

duly caused to be served at its known registered address, but the said notice was

returned by the postal authorities with the endorsement, 'Not Known'.            As such, the

company was deemed to have been served with the statutory notice at its known

registered address. In the facts of the instant case, therefore, there is a presumption of

acknowledgment of debt by the company and its inability to pay off the debt. C.P.420 of

2016 is, therefore, admitted for a principal sum of Rs.6,93,96,541/- together with

interest thereon at the rate of 6% per annum to be calculated from the date of the

statutory notice till actual payment.If the company pays off the entire amount, including interest, within a period of

four weeks from date, the instant petition will remain permanently stayed. In default,

the winding up petition will automatically stand revived and will be advertised once in

"The Statesman" and once in "Bartaman". In the advertisements to be published in the

said two newspapers, it shall be indicated therein that the matter will appear before this

Court under the same heading three weeks from the date of advertisements. Publication

in the Official Gazette, however, will stand dispensed with.C.P.420 of 2016 is accordingly disposed of.Urgent photostat certified copy of this order be supplied to the parties, if applied

for, upon compliance of all requisite formalities.(BISWANATH SOMADDER, J.)
B.Pal/sp