GASTEL INDIA LTD. (IN DISSOLUTION) Vs. OFFICIAL LIQUIDATOR, HIGH COURT, CALCUTTA FOR CENTRAL COALFIELDS LTD.

JUDGEMENT

(1.) This is a very interesting matter. Central Coalfields Limited, has applied before this court under Section 559 of the Companies Act, 1956. It wants discharge of the order dated 15th Dec., 2006 passed by this court in a member's voluntary winding up matter concerning Gastel India Ltd (the company). The order of this court noted that the Official Liquidator had sought dissolution of the company upon compliance with all formalities and that the said company was to be dissolved with effect from 28th Nov., 2006.

(2.) The applicant has a very old claim against this company amounting to Rs. 14,43,528.73. The claim is for the difference of price between Grade-C and Grade-B coal supplied by the applicant to the company. The transaction appears to be from or about May 1998 to Aug. 1999. The claim on the date of affirmation of the application with interest was Rs. 34,08,309.73.

(3.) In 2007 the petitioner instituted a suit in this court against the company (C.S. 48 of 2007) for recovery of the said sum. The writ of summons could not be served on the defendant company. Only when one Ashok Kumar Jain the defendant No. 2 describing himself to be a director and shareholder of the company in the plaint, made an application for rejection of the plaint, on 22nd Jan., 2013 that the applicant learnt that the company was dissolved by the said order of this court dated 15th Dec., 2006 with effect from 28th Nov., 2006 in a member's voluntary winding up. The interim proceeding in the suit court was adjourned to enable the applicant to take action before this court, it is learnt.