Baboo Lall Jain, J. - (1.) It has been submitted that the claim of the petitioning creditor is for unpaid bill amounting to Rs. 53,895.60 and on account of sales tax for Rs. 2,77,179.83 and for interest. So far as the claim on account of unpaid bills is concerned, it has been submitted that the petitioning creditor does not intend to press for the same. So far as the claim on account of sales tax is concerned my attention has been drawn to the affidavit affirmed by Ranjan Mukherjee on 24 January, 1994. A copy whereof has been supplied to this court by the learned advocate for the petitioner since the original is not traceable at the moment. Let the copy of the said affidavit-in-opposition as supplied by the advocate for the petitioner be retained on the record of this court until the original is traceable. In the said affidavit-in-opposition, the company has, inter alia, stated as follows : "(14) I state that the company only acknowledges its liability to pay the sales tax at the rate of 4% and as the petitioning creditor was not ready and willing to accept the said sum, the company could not make such payment. I reiterate that the company is ready and willing to pay the said sum of Rs. 1,38,589.91 on account of sales tax."
(2.) The application is thus admitted. There will be directions for advertisement to be issued once in Daily Telegraph and once in Jansatta. This application is made return-able on 20 March, 1995. No advertisement to be published for a period of five weeks from today.
(3.) The petitioning creditor will send a copy of this order to the company by registered post with acknowledgement due as also by certificate of posting and also send a further copy of this order to the learned Advocate on behalf of the company within a week from the date of receipt of the signed copy. If the company pays a sum of Rs. 1,38,589.91 within the said period of five weeks, then and in that event, this application will remain permanently stayed and the petitioning creditor will stand relegated to suit insofar as the balance claim of the petitioning creditor made in the winding up petition on account of sales tax or interest thereon, if any, is concerned. In default of such payment within the time aforesaid, the petitioning creditor will be entitled to proceed with the advertisements as directed above.;