IN THE HIGH COURT OF JHARKHAND AT RANCHI
Company Petition No. 1 of 2010
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Sanjay Kumar Shaw, Kolkata ... ... Petitioner
Versus
M/s. Barway Granite & Stone Company
Pvt. Ltd, Ranchi ... ... Respondent
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CORAM : HON'BLE MR. JUSTICE R. K. MERATHIA
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For the Petitioner : Mr. Rohit Roy, Advocate
For the Respondent : Mr. Jitendra Nath, Advocate
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5. 25.03.2011
: Mr. Rohit Roy, learned counsel appearing for the petitioner
submitted that the Company is unable to pay its debts to the petitioner
and this position has not been denied and disputed in the counter
affidavit filed by the respondent – the company under liquidation.
Mr. J. Nath, learned counsel appearing for the respondent,
on the other hand submitted that due to actions/inactions of the
BISICO, the company could not pay the debt of the petitioner, and
therefore, the BICICO is necessary party. He relied on the judgment
reported in 2002 (2) JLJR 553 Date Cables Limited etc.
In reply Mr. Rohit Roy submitted that the said judgment is
not applicable in this case, as the stage of appearance of secured
creditors in this Court will come only after the order of liquidation is
passed and notice is issued.
In the circumstances, this company petition is admitted.
The petitioner – creditor is allowed to get notices published
in one Hindi and one English newspaper having wide circulation within
the district of Ranchi, giving 14 days time in terms of Rule 99 of the
Company Court Rules, 1959.
Put up this case after six weeks within which a proof of
publication of notice will be filed.
(R. K. Merathia, J.)
R. Shekhar Cp 2