Calcutta High Court
Virendra Nath vs M/S. Abmtm Pvt. Ltd. & Anr on 13 March, 2014
Author: I. P. Mukerji
Bench: I. P. Mukerji
EC No. 549 of 2013
IN THE HIGH COURT AT CALCUTTA
ORDIANRY ORIGINAL CIVIL JURISDICTION
Virendra Nath
Versus
M/s. ABMTM Pvt. Ltd. & Anr.
Before:
The Hon'ble Justice I. P. MUKERJI
Date: 13th March 2014
Appearance:
Mr. Ratnanko Banerjee, Advocate
Mr. S. Sengupta, Advocate
Ms. Shreya Basu Mallick, Advocate
for the petitioner
The Court: This is an application for execution or implementation of
the order dated 27th August 2012 passed by the Company Law Board in CP
No. 22 (Kol)/2010. It is moved before this Court, further to an order dated
30th October 2013 of the Company Law Board, referring enforcement of its
order to this Court under Section 634A of the Companies Act, 1956.
Since the order sought to be enforced was made on 27th August 2012
and the appeal therefrom dismissed on 27th June 2013 by this Court, this
application is being moved ex parte.
There is already an administrator appointed by the Company Law
Board.
Let notice of this application be served upon the respondents by the
Advocate-on-Record for the petitioner immediately.
I pass the following interim order.
The administrator will call upon the caretaker and Mr. Ranjiv Nath to immediately hand over the keys of the padlocks of the flats mentioned in prayer (f) of column 10 of the tabular statement, to enable the administrator to make an inventory thereof and take symbolic possession 2 for the time being. The administrator will fix a date, time and venue for production of such keys upon notice to the local police station.
If there is failure, the administrator will immediately proceed with the assistance of the Officer-in-Charge of Shakespeare Police Station, break open the padlocks and take actual physical possession of the flats. In that event the administrator will retain the keys. In the event, the keys are handed over readily by the persons abovenamed to the administrator, he will open the flats, make an inventory thereof, take symbolic possession and hand over the keys to the persons having custody thereof. Such person or persons will give an undertaking to the administrator to open the flats whenever call upon to do so, failing which the administrator with the help of the local police will be at liberty to take the same action of breaking open the locks and taking physical possession.
Therefore, I pass an order in terms of prayer (f) to the extent indicated above. I also pass an order of injunction in terms of prayer (l) until further orders.
I make this application returnable on 1st April 2014. Certified photocopy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.
(I. P. MUKERJI, J.) R. Bose AR(CR)