Baboo Lall Jain, J. - (1.) This is an application for winding up which has come up for hearing after advertisement. By an order dated 22.9.93 the application was admitted and advertisements were directed to be issued. It appears that there was an appeal from the said order which was disposed of by an order passed by Hon'ble Appeal Court dated 30.11.93. The said order was passed by consent of parties. The terms of settlement filed in Court provided for payment of the dues of the petitioning creditor by instalments. The said order of the appeal Court provided as follows : "In default of payment of any two instalments as indicated above the petitioning creditor will be at liberty to take steps for publication of the advertisement in the newspaper as indicated in the order dated 22.9.93 passed by the Trial Court and order dated 10.10.93 passed by the Division Bench of this Hon'ble High Court at Calcutta."
(2.) According to the petitioning creditor the company failed and neglected to pay the instalments which were payable on and from the month of December, 1993 onwards.
(3.) Thereafter the matter was mentioned and the returnable date was extended as the order of the Trial Court dated 22.9.93 became operative in terms of the order of the Appeal Court. On 7.2.94 by an order passed by this Court the returnable date fixed tinder the order dated 22.9.93 was extended by four weeks from the date of the said order.;