ICICI BANK LTD. Vs. ARAMBAGH HATCHERIES LTD.
LAWS(CAL)-2011-8-192
HIGH COURT OF CALCUTTA
Decided on August 01,2011

ICICI BANK LTD. Appellant
VERSUS
Arambagh Hatcheries Ltd. Respondents

JUDGEMENT

I.P. Mukerji, J. - (1.)
(2.) THIS winding up application is at the instance of ICICI Bank Limited. The cause of action arises from substantial sums of money lent and advanced by the petitioning creditor to the Company from 2002. On the date of the statutory notice dated 30 -1 -2010 there was allegedly due and owing by the Company to the petitioning creditor a sum of about Rs. 16.68 crores. No reply was made by the Company to the statutory notice. As on date the sum due and payable by the Company to the petitioning creditor is stated to be more than Rs. 17 crores. C.P. No. 383 of 2009
(3.) THE petitioner in C.P. No. 383 of 2009 is M/s. G.S. Atwal & Co. (Engineers) P. Ltd. It is said that on or about 14 -1 -2007, the petitioning creditor advanced Rs. 50 lakhs to the company as Short Term Inter Corporate Deposit. On 19 -11 -2007, the petitioner advanced a further sum of Rs. 25 lakhs on the same terms. In repayment of the above debt, the company handed over to the petitioning creditor several cheques mentioned in paragraph 7 of the petition. All these cheques were dishonoured for insufficiency of funds. Further cheques for Rs. 75 lakhs were handed over by the company to the petitioner.;


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