TMI Blog2000 (2) TMI 782X X X X Extracts X X X X X X X X Extracts X X X X ..... Asim Banerjee and Muhti Ghose for the Respondent. JUDGMENT Shyamal Kumar Sen, J. By consent of parties we have heard the appeal on the basis of papers included in the petition by hearing" the same in the day's list. This appeal is directed against an order admitting the winding up petition. We have considered the submissions of the learned advocates for the parties. Mr. Sanjib ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ffirmed in July, 1996, it cannot be said that the winding up petition was not served and there is non-compliance with section 434 of the Companies Act, 1956. In that view of the matter, the. first ground of submission of Mr. Sanjib Banerjee fails. There is no dispute that all the demand drafts on the basis of which claim has been made have beep duly received by the company and encashed. In view ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y be paid on different classes of deposits (other than those maintained in savings account or those maintained by charitable or religious institutions) by different classes of scheduled banks in accordance with the directions given or issued to banking companies generally by the Reserve Bank of India under the Banking Regulation Act, 1949." From the aforesaid section, it is clear that interest s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... im order passed by the Division Bench on February 1, 1999. In that view of the matter, the winding up petition also stands admitted for non-compliance with the conditional order of stay. It will be open to the respondent/petitioning creditor to advertise once in The Statesman and once in Bartaman and publication in the Calcutta Gazette stands dispensed with, as directed by the learned sing ..... X X X X Extracts X X X X X X X X Extracts X X X X
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