- (1.) The Court : This is an application under a Judge's summons praying, inter alia, : "(a)The order dated 13th May, 1998 passed by the Hon'ble Justice Amitava Lala in C.P. No. 310 of 1997 (Gajanand Commercial Pvt. v. Sree Krishna Trading Company) be recalled, rescinded, modified and/or varied; (b) Ad interim orders in terms of prayer above; (c) Costs of and incidental to this application be borne by the respondent company as also the petitioning creditor; (d) Such further or other order or orders be passed and/or direction or directions be given as to which this Hon'ble Court may deem fit and proper".
(2.) The Judge's summons taken out by one Shri Saroj Kumar Banerjee with a supporting affidavit dated 19th December, 1998.
(3.) Applicants herein are different companies, when, such Shri Saroj Kumar Banerjee filed his affidavit of competency by describing himself as partner of Messrs N.C. Banerjee & Sons working for gain, inter alia, at 34A, B.K. Pal Avenue, Calcutta-700 005.;