RNB DIGITRONIX PVT. LTD. Vs. DIPAK KUMAR SARKER

JUDGEMENT

(1.) The company is not represented even at the second call. No affidavit-in-opposition has been filed though a copy of a proposed affidavit has been made over by the company to the petitioner.

(2.) The petitioner claims a principal amount of Rs. 1 lakh which was made available to the company by way of accommodation loan. The petitioner issued a statutory notice on May 5, 2011 to which the company did not respond. The petitioner has relied on the receipt issued by the company at the time of the payment being made by the petitioner to the company in October, 2010.

(3.) CP No.479 of 2011 is admitted for the principal sum of Rs. 1 lakh, including interest thereon at the rate of ten per cent per annum from October 11, 2010. If the company pays off the entire amount, inclusive of interest and costs assessed at 300 GM, to the petitioner within a period of four weeks from date, the petition will remain permanently stayed. In default, the petition will be advertised once in "The Statesman" and once in "Bartaman". The advertisements should indicate that the matter will appear before Court on the first available working day after the expiry of four weeks from the date of the publication being made. Publication in the Official Gazette will stand dispensed with.