BIJOYNAGAR TEA COMPANY LTD. Vs. SUBHAS AGARWAL

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 19.2.2010 passed in CP No. 363 of 2007 by which a company petition for winding up of an Appellant company was allowed with cost assessed at 5000 gms. and the Registrar, Original Side was directed to file a complaint against deponent of the company's affidavit before a Magistrate of competent jurisdiction for making a false and frivolous defence before the company court.

(2.) Before dealing with the respective contentions raised by the parties it would be pertinent to bring on record that the parties before us have reached the settlement and have withdrawn the claim and rival claims so raised before the company court.

(3.) Since the monitory claim of the petitioning creditor is satisfied, the Appellant company had assailed such portion of an order and judgment whereby and where under the company court directed the Registrar, Original Side to lodge a complaint before the competent authority against the Appellant company for being tried before the Magistrate for making a false defence against the claim of the petitioning creditor and also the imposition of onerous cost by the company court.