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2018 (3) TMI 420 - HC - Companies LawWinding up - Held that:- Petitioner’s entire claim in this application for the principal sum of ₹ 25,31,990.75/-, as mentioned in the notice dated September 03, 2016 is deemed to have been admitted by the company. In this application filed in the month of November, 2016 the petitioner has not disclosed any agreement entitling it to claim interest on account of unpaid bills. The petitioner is entitled to receive interest on account of the unpaid bills at the rate of 6%, p.a. from the month of December 20, 2016. As far as the defect pointed out that the petitioner has filed this application by taking out a notice of motion, the same is a matter of procedure. It is settled law that the procedure is the handmaid of justice and the defect in this application is cured by directing the petitioner to pay costs assessed at ₹ 10,000/- to the State Legal Services Authority. Subject to payment of costs by the petitioner, as directed above within December 18, 2017, the winding up application is admitted for ₹ 25,31,990/-, together with interest thereon at the rate of 6% from the month of December, 2016. If, the company pays the amount of ₹ 25,31,990/- together with interest thereon at the rate of 6% from the month of December, 2016 to the petitioner within January 15, 2018, the winding up application shall stand permanently stayed. In the event of any failure on the part of the company to pay the said amount within the time frame mentioned above, the petitioner will cause advertisement in the Bengali newspaper, “Bartaman” and English newspaper, “The Statesman”.
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