Dipak Kumar Sen, J. - (1.) The Central Bank of India filed a suit in the District Court of Alipore marked as Title Suit No. 59 of 1976 claiming, inter alia, a money decree and also enforcement of mortgage of immovable properties of Atlas Works P. Ltd., defendant No. 1, in favour of the bank.
(2.) Thereafter, defendant No. 1 having failed to pay rent for its factory premises, at the instance of the landlord as the creditor, was directed to be wound up by this court. On August 17, 1977, this court in its company jurisdiction directed the said Title Suit No. 59 of 1976 to be transferred from Alipore Court to this court. Pursuant thereto, the said suit has been transferred arid is now pending in this court marked as Transferred Company Suit No. 9 of 1977.
(3.) During the pendency of the winding-up proceedings the claim of the creditor was paid off in full by defendant No. 1 in instalments granted by this court. The proceedings for winding up has thereupon been permanently stayed.;