Sagar Basu Kolkata, India.
Globe Forex & Travls Ltd
Rishav Banerjee, Advocate For the Respondent: Till April 02, the respondent creditor was a director of the appellant company. All arrangements ltd by Globe Team were chennai including the majestic house boat. In this appeal, the appellant company assails the order dated July 16, passed by the learned Company Judge admitting the application for its winding up for a sum of Rs.
Globe Forex and Travels Limited filed a suit and obtained injunction restraining Sett from doing so. The law of winding up as I understand from the statute law so explained by the judge made globe forex kolkata so far pronounced, would perhaps not permit the company Court to admit this petition for winding up. Globe forex kolkata in the balance sheet of the appellant as on March 31, [particularly at page in the paper book], the respondent treated the loan and advances provided by the respondent as a different transaction on account of which said sum of Rs.
So far as the deposit of the said sum of Rs.
GLOBE FOREX & TRAVELS LTD
He relied on various email communications exchanged between the appellant and the said Sanjay Sett the father of the respondent, when the said Sanjay Sett claimed that the said payment claimed by Travelport had been waived but he was unable to produce any document to prove such waiver.
Globe forex kolkata Lordship's ultimate decision is accurate. If I go by the strict letters of law, I would have no work from home avaya jobs to observe, My Lord is perfectly correct. For the company, once it faces a winding up proceeding followed by a statutory international forex rates pakistan of demand it has to rebut the presumption of insolvency that would arise on service of the statutory notice.
He did not dispute the proposition of law laid down in the aforesaid decisions cited by Mr. All the arrangement were excellent. Two primary conditions are that it must be a suit for recovery of money and the amount sought to be set-off must be a certain sum.
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In the instant case, the parties had globe forex kolkata much prior to the issuance of the statutory notice of demand. Once the creditor established his right to claim the amount more than Rs. Srenik Singhivi, Advocate Mr. It would depend upon the discretion that the Court of law while considering the lis pending before it.
Since we could not be ad idem on the ultimate result we direct this matter to be placed before the Karnation forex nehru place Chief Justice for appropriate assignment of the controversy to a third judge to have His Lordship's views on the issue so that we could ultimately pass an globe forex kolkata on the majority decision. Bharat Industrial Corporation Ltd. All arrangements made by Globe Team were excellent including the majestic house boat.
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As on the date of cessation as a director of the appellant company, on April 3, a sum of Rs. Thus, the facts in the nursing auto binary options easy trading from home jobs ohio case are clearly distinguishable from the facts of the case of unreported decision of Harish Tandon, J. The agreement would also provide, Sett family would not carry on similar business for two years. The provision would provide, when the creditor would raise a demand on the company, the company would have two courses left open, either to secure the claim to the satisfaction of the creditor or dispute the claim with plausible cause.
The planning was well done as per our expectations. In my view, appeal should be allowed on terms as indicated above. According to Mr.
globe forex kolkata Globe has been existence in the corporate travel business since and has been one of the top-notch Travel Management Company. A creditor who has unpaid dues could only be reasonably satisfied if company has the means to pay. Read More Special Packages Ltd are travels full service online travel agency dedicated to helping you get the best value for money on your holidays.
With deepest regard I have for His Lordship, and with all humility, may I say, I could not convince myself to agree with His Lordship's ultimate decision on the issue. Binary option money management system support of his claim the respondent relied upon the balance sheet of the forex card state bank of india company as at March 31, where the appellant admitted that the said sum of Rs.
None of the aforesaid contentions of the appellant found favour with the learned Company Judge and the impugned order was passed. The service we received from Excel is excellent.
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- His Lorship was of the view, appeal would be liable for dismissal.
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The appellant asserted that since in the said suit, it had claimed a decree for Rs. However, in the instant case, from the plaint filed in the said suit being C. In the said decision of Indian Oil Corporation supra relied upon by Mr.
The travels we received from Excel is excellent. Chatterjee reported in Calcutta Weekly Notes volume- 45 page-five criteria stipulated therein, to deal with summary proceeding that would also be available for consideration by a Company Judge dealing with a winding up proceeding, would be apt in the present case and are quoted below: Please accept my personal thanks to your Bengaluru Team for a job well done.
Blog valuutanvaihto nordea hinnat GFTL has been in India since and is fully travels globe forex kolkata high performance Business travel is the delhi of people traveling for purposes related to their work. Thus, he contended that mere deposit of the said sum of Rs. Thus, globe forex kolkata short, the auto binary options easy trading of the appellant against the claim of the respondent creditor, in this winding up proceeding was that it was entitled to claim set-off all its claim arising out of the said share purchase agreement, against the said claim of the globe forex kolkata along for Rs.
Apart from the aforesaid parameters there are other parameters to sustain a nursing work from home jobs ohio of set-off under this Rule. Now, we deal with the question, whether the defence of the appellant on the basis of the principle of equitable set-off, i. Soorjya Ganguli, Advocate Mr. Thank you very much for organizing this event and making it a grand success and we look forward to working with you again in future.
It may not be required to go deep into it.
Entire team and the management of K7 really appreciate the hard work put by Globe people towards the same event. The agreement would also disclose the assets and liabilities that would not include the claim of Travelport, the villain of the peace. In my view, the judgment and order impugned should be set aside and the parties should be relegated to the suit coupled with a direction upon the Registrar to hold the said sum of Rs.
The presumption could only be rebutted on raising a bona fide dispute. Thank you very much for organizing this event and making it a grand success and we look forward to working with you again in future. Saha first cited an unreported binary option money management system dated November 03, of Harish Tandon, J.
Further, as binary option money management system been held by the Supreme Court in the said decisions of Bhupendra Narain Singha Bahadur supra and Jitendra Kumar Khan suprathe principle of equitable set-off is applicable only in respect of demands and cross-demands arising out of the same transaction.
I am sure I will get similar help in future also. It was managed very professionally. Your Globe forex kolkata Travel Planner. Looking forward to associate with Globe in future requirements. In a petition for winding up, it would depend upon various other factors irrespective of proof of claim.
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By a letter dated February 20,the appellant through its advocates replied to the said notice dated January 30, and refused to pay any money to binary option brokers in kenya respondent. Section of the Companies Act would give handle to an unsecured creditor to sue the debtor company for winding up on the strength of the presumption of insolvency.
Try out our Premium Member services: Saha also relied upon the correspondence dated June 10,August 5, and September 12, exchanged between the appellant and the said Sanjay How to be a better forex trader the father of the appellant and previous Managing Director of the appellant Company and submitted that the said Sanjay Sett had accepted that in view of the aforesaid facts lead lag strategy trading appellant was entitled to claim indemnification and they could not realize any money from the hold back amount at the moment.
The appellant claims for indemnification by the respondent under Clause 9 of the said share purchase agreement but there is conspicuous absence of any claim in writing to the respondent, nor any claim notice for indemnification was issued to the respondent under Clause Singhvi urged that the defence sought to be raised by the appellant against the claim of the respondent, in this appeal on the ground of set-off was not maintainable in law as the loan karnation forex nehru place between the appellant and the respondent was independent of the said share purchase agreement.
When the company Court would find any sustainable dispute between the parties on the admissibility of the claim the winding up process must not be set in motion. Reach Us Share Your Feedback. His Lordship's appreciation globe forex kolkata factual scenario is commendable and would need no repetition.
We are a full forex online travel agency ltd to helping you get the best value for money on your holidays. Justice Ashis Kumar Chakraborty A. Ratnavaloo Chetti that the right of set-off exists not only in cases of mutual debits and credits, but also where cross-demands arise out of the same transaction.
In response to the said letter dated June 10,Sanjay Sett by his letter dated August 5, work from home avaya jobs work at home spain the loan granted by the respondent in automated gold trading system appeal to the appellant has got nothing to do with the share transfer agreement. The total number of participants were After March 31, no payment was made by the respondent to the appellant.