PINAKI CHANDRA GHOSE, J.

(1.) The appeal is directed against an order dated May 4, 2005 passed by the Honble Company Judge admitting the winding up petition and directed the appellant herein to make the payment at the enhanced rate in the terms of section 17(4A) of the West Bengal Premises Tenancy Act, 1997 (hereinafter referred to as the said Act). It has further been directed that the company would go on making payment at the enhanced rate commencing from June, 2005 and the balance 50% of the arrear would be paid by the company by six equal monthly instalments payable within January, 2006. The petitioner was directed to file certain undertakings as would be evident from the order so passed by the Honble First Court.

(2.) The interesting point has been taken before us by the learned Counsel appearing on behalf of the company that the company was never served with a notice under section 20 of the said Act to enhance the rate in question. He further contended that no notice under section 20 of the said Act was ever served upon the appellant by the landlord, the petitioning creditor/respondent herein. We directed the learned Senior Advocate appearing on behalf of the respon