ROOPNARAIN RAMCHANDRA PRIVATE LTD Vs. BRAHMAPOOTRA TEA CO INDIA LTD
HIGH COURT OF CALCUTTA
ROOPNARAIN RAMCHANDRA PRIVATE LTD.
BRAHMAPOOTRA TEA CO. (INDIA) LTD.
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(1.) This is an application for setting aside an ex parte decree passed on December 12, 1960. The application has been made by Brahmapootra Tea Co., (India) Ltd. The notice of Motion is addressed to Messrs. Roopnarain Ramchandra Private Ltd., the plaintiff.
(2.) The petitioner company states that in the month of July, 1960 the Registrar of Companies, West Bengal, presented a petition for winding up of Brahmapootra Tes Co. (India) Ltd., on the ground that the petitioner company had made default in delivering the Statutory Report. An order was made on November 15, 1960 for winding up the company. On November 19, 1960 it is alleged that the petitioner came to know of the said petition as well as the order for winding up. It is further alleged that the petitioner was not served with any notice and had no knowledge of the presentation of the winding up petition. On or about November 28, 1960 the petitioner made an application for setting aside the winding up order. On December 5, 1960 the winding up order was set aside. On the same day the Official Liquidator was appointed as Provisional Liquidator and the Provisional Liquidator was directed to take possession of all books, papers and documents and assets of the petitioner. The directions for advertisements were given and the application was made return, able on January 9, 1961.
(3.) On January 11, 1961 the petitioner's solicitors received a letter from the plaintiff's solicitors intimating that the latter had received instructions from Messrs, Roopnarain Ramchandra Private Ltd. of Kanpur to support the winding up application. On January 12, 1961 the petitioner's solicitors obtained a copy of the affidavit affirmed on behalf of Messrs, Roopnarain Ramchandra Private Ltd., and from the said affidavit the petitioner came to know of the suit filed by the plaintiff against the defendant company, and also that a decree had been obtained in the suit on December 12, 1960.;
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