- (1.) These appeals are against a common judgment and order dated 16th October, 2015 (since reported in R.A.V. Dravya (P) Ltd. v. Concast Exim Ltd., (2017) 200 Comp Cas 323 (Cal.) passed by the learned Company Court, whereby the learned Company Court disposed of four more or less identical winding up petitions filed by the appellant petitioning creditor, R.A.V. Dravya (P) Ltd. against four difference Companies, Concast Global Ltd., Concast Exim Ltd., Concast Ispat Ltd. and Dankuni Steel Ltd., hereinafter collectively referred to as the Respondent Companies, which appear to be group Companies controlled by one Sanjay Sureka.
(2.) By the judgment and order under appeal, the learned Company Court refused to admit the aforesaid four winding up petitions and relegated the petitioning creditor to the civil remedy available to the petitioning creditor. The learned Company Court directed that the period during which the winding up petitions had been pending in this Court may be excluded under Section 14 of the Limitation Act, 1963, in computing the period of limitation.
(3.) The claims of the petitioning creditor against the respondent companies, which are on account of goods sold and delivered by the petitioning creditor to the respondent companies, are as follows : (i) Concast Global Ltd. Rs.10,20,35,779.20 (ii) Concast Exim Ltd. Rs. 10,41,13,301.99 (iii) Concast Ispat Ltd. Rs.10,42,72,042.73 (iv) Dankuni Steel Ltd. Rs.10,78,67,248.36;