ASHIS KUMAR CHAKRABORTY, J. - (1.) From the affidavit of service filed on behalf of the petitioner, it appears that a copy of this application has been served upon the Advocate-on-Record representing the company in this winding up application under the Companies Act, 1956. Let, the affidavit of service filed by the petitioner be kept on record.
(2.) Since, none appears for the company even in the second call, the application is taken up for hearing in the absence of the company.
(3.) It is the case of the petitioner in this application that by an order dated August 17, 2015 a learned Single Judge of this Court admitted this winding-up application filed by itself against the company. By the said order the company was, however, granted an opportunity to pay the principal sum of Rs. 3,87,49,003/- (Rupees Three Crore Eighty Seven Lakh Forty Nine Thousand and Three only) together with interest at the rate of 8 per cent, per annum from February 11, 2014 and costs assessed at 2,000 GMs within a fortnight, failing which the winding-up application would be advertised in the newspapers. The company carried the said order dated August 17, 2015 in appeal, being ACO No.146 of 2015, APOT No.419 of 2015, CP No.822/2014, before the Division Bench of this Court. By an order dated September 4, 2015 the Division Bench of this Court directed the company to deposit Rs. 50,00,000/- (Rupees Fifty Lac only) within September 11, 2015 as a condition for obtaining stay of operation of the order dated August 17, 2015 passed by the learned Single Judge. The company, however, did not deposit the said amount as directed by the Division Bench and the petitioner caused advertisement of the winding-up application in newspapers. Thereafter, the company filed an application, CA 133 of 2017 before a learned Single Judge of this Court praying for, inter alia, stay of further proceedings of the winding-up application and the order dated August 17, 2015. By a consent order dated April 17, 2017 a learned Single Judge of this Court disposed of the said application CA 133 of 2017.;