Calcutta High Court
Dps Technologies Pvt. Ltd.(In Liqn.) vs Sonodyne Televisions Company Ltd on 13 March, 2014
Author: Patherya
Bench: Patherya
ORDER SHEET
CA No.556 of 2013
CP No.142 of 2010
IN THE HIGH COURT AT CALCUTTA
Original Jurisdiction
IN THE MATTER OF:
DPS TECHNOLOGIES PVT. LTD.(IN LIQN.)
AND
SONODYNE TELEVISIONS COMPANY LTD.
VS.
OFFICIAL LIQUIDATOR
BEFORE:
The Hon'ble JUSTICE PATHERYA
Date : 13th March, 2014.
Mr. Jishnu Chowdhury, Mr. Arif Ali for the applicant.
Ms.Tanushree Dasgupta for Official Liquidator.
Mr. B. Mohanty, O. L. appears.
The Court : By this application the applicant herein seeks a direction upon the Official Liquidator to take possession of the assets mentioned in paragraph 14 of the affidavit in support of the Judge's Summons and to take steps for sale thereof. The four properties mentioned are :-
a) Office Space of 13530 square-feet at Nam Complex, Phase-II, 4th Floor, B-Wing, Block-M, New Alipore, Kolkata-700 053.
b) Land at New Town, Rajarhat belonging to HIDCO.
c) Bank Account No.353201010930114 maintained with Union Bank of India, New Alipore Branch.
d) Bank Account No.0402560000187 maintained with HDFC Bank, 174A, Block-G, New Alipore, Kolkata-700053.
As regards the land at Rajarhat the terms and conditions which governed the parties needs to be looked into and for such purpose notice be issued to WB HIDCO of the next date of hearing on which day a representative be sent to this Court by the authority mentioned above. The HDFC Bank, New Alipore Branch has informed the Official Liquidator of sums lying with it and made payment of such sum too but Union Bank of India, New Alipore Branch has given no 2 intimation. Accordingly, the Manager, Union Bank of India, New Alipore Branch is directed to intimate and pay the Official Liquidator the sums lying to the account of the company (in liquidation) within a fortnight from the date of receipt of this order. A letter dated 14th February, 2014 has been written by the Official Liquidator to the Registering Authority, Public Vehicles Department, Beltola, Kolkata in respect of the Mitsubishi, Lancer bearing no.W.B.-02M/5161 belonging to the company (in liquidation). Let the registering particulars be forwarded to the Official Liquidator by the Registering Authority including the name of the person in whose name the said vehicle is at present registered. From the website of the Kolkata Municipal Corporation an office space measuring 13530 sq. ft. has also been identified as belonging to the company (in liquidation). Let steps be taken by the Official Liquidator to take physical possession of the said asset of the company (in liquidation).
Although Counsel for the applicant has mentioned a property lying in the United States of America as belonging to the company (in liquidation), no mention of such property can be found at present in the books or records of the company (in liquidation). Accordingly, let an enquiry be made by the Official Liquidator in respect of any property belonging to the company (in liquidation), if at all, lying in the United States of America and if necessary, for such purpose the Directors may be called.
Matter to appear in the list four weeks hence.
Let intimation of the next date of hearing be given to W.B.HIDCO by the applicant herein.
Urgent certified photocopy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
( PATHERYA, J.) pa