MAGMA LEASING LIMITED Vs. SANDERSON INDUSTRIES LTD

JUDGEMENT

(1.) The Court : The plaintiff/applicant has filed a commercial suit for realisation of Rs. 1,01,15,735/- from the defendants/respondents and inter alia moved for several interlocutory orders and prayed for appointment of a receiver. Accordingly, a receiver was appointed who was directed to take charge of the properties. The application appeared before the different benches of this Court and the order of appointment of receiver was, however, maintained.

(2.) The respondents filed an application under section 391(6) of the Companies' Act, 1956 being C.A. No. 385 of 1998 and is said to have obtained an exparte order of stay of all the proceedings but the petitioner having come to know about such order, preferred an appeal before a Division Bench of this Court who vacated the interim order.

(3.) Since the learned Advocate appearing for the petitioner kept himself engaged in several proceedings, inadvertently, it escaped his notice to take the writ of summons for lodgement and for service on the defendant. It has been, inter alia, stated that already a copy of the plaint having been served upon the respondent, there was no further necessity again to take the writ of summons or lodging the same with the office of the Sherrif at Calcutta. But, however, in order to oviate the aforesaid difficulty the time for taking out writ of summons be extended.