JUDGEMENT
SANJIB BANERJEE,J. -
(1.) The application is for review of an order by which the creditor's winding up petition was permanently stayed.
(2.) The order dated December 5, 2011 recorded, inter alia, as follows:
"Though the petitioner insists that WBSEB has no further claim against the company and there is a document reflecting the same in the petitioner's possession, since the petitioner has not disclosed such document either in the petition or even in the reply despite the stand taken by the company, the petitioner cannot be permitted to spring any document on the company at this stage."
(3.) The paragraph in the order of December 5, 2011 signifies that a dispute had been raised by the company as to whether the petitioner had discharged its obligation in meeting the claim of the West Bengal State Electricity Board and despite such assertion in the company's affidavit, the petitioner had produced any document to refute it though the petitioner claimed that it was in possession of a document in such regard. That would imply that the petitioner was in possession of a document which the petitioner chose to rely on in course of the petitioner's affidavit-in-reply to deal with the stand of the company.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.