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Judgment
On January 16, 2017 when this application for winding up of the company was taken up for hearing before a learned Single Judge, a submission was made that the company has been declared to be a relief undertaking under the West Bengal Relief Undertakings (Special Provisions) Act, 1972 (hereinafter referred to as "the said Act") and the relevant notification was also produced before the Court. By the order dated January 16, 2017, the hearing of the winding-up application was adjourned with a direction upon the advocate-on-record of the compnay to inform the petitioning-creditor if the protection is extended beyond the stipulated time of six months.
Today, when this application is taken up for hearing, it appears that the protection under the notification under Section 3 of the said Act which was in operation as on January 16, 2017, was not extended with the expiry of the said notification and it is only on December12, 2017 a fresh notification has been issued by the concerned department of the Government of West Bengal under Section 3 of the said Act which is valid for a period of six months. However, in the meantime, when the company did not enjoy any protection under the said Act, it did not bring the same to the notice of the petitioner or this Court. The conduct of the company does not appear to be bona fide.
Accordingly, the Managing Director of the company is directed to pay costs, out of his own pocket, assessed at Rs.10,000/- to the State Legal Services Authority positively within January 15, 2018.
Let this application appear, under the heading ''To Be Mentioned'', on January 16, 2018 to ascertain whether the above direction for payment of costs has been complied with.
Urgent certified website copies of this order, if applied for, be made available to the parties subject to compliance with all requisite formalities.