Calcutta High Court
Angelo Brothers (In Liqn) vs Unknown on 4 March, 2015
Author: Aniruddha Bose
Bench: Aniruddha Bose
ORDER SHEET
CA 119/2015
CP 90/1983
IN THE HIGH COURT AT CALCUTTA
Original Jurisdiction
ORIGINAL SIDE
IN THE MATTER OF : ANGELO BROTHERS (IN LIQN)
BEFORE:
The Hon'ble JUSTICE ANIRUDDHA BOSE
Date : 4th March, 2015.
Mr. Deepak Khosla, Adv. appears for Hungerford Investment Trust.
Mr. S.C. Prasad, Adv. appears for the Official Liquidator. The Court : Today, Mr. Khosla, learned counsel appearing for Hungerford Investment Trust, has prayed for release of the assets of the company to its original owner. He wants the Court to exercise jurisdiction in terms of the provisions of section 466 of the Companies Act, 1956. This submission is made without prejudice to his original contention that the order directing winding up of the company stood permanently stayed by the order of this Court passed on September 16, 1983.
There is a subsequent order on record, passed on September 29, 1983 recording that the order of permanent stay of the application is recalled and leave is given to file affidavit in support in Court. The contention of the learned counsel of the company is that this order as well as the minutes book containing the order is forged.
One of the factors to which my notice has been drawn, so far as the copy of the order passed on September 29, 1983 is concerned, the registration number of the company petition has been recorded as C.P. No.90 of 1960 and not C.P. No.90 of 1983 which is the actual number of the company petition. 2
A further prayer has been made on behalf on behalf of the company for registering a police complaint on the allegation of forgery of Court's order.
As regards the first limb of submission of Mr. Khosla, Mr. Prasad has submitted that there cannot be piecemeal delivery of assets of the company and the question as to whether the company is in liquidation or not has to be decided upon first.
In this matter, on earlier occasions, I had directed the registry to produce the winding up petition as well as the cause list of September 29, 1983. These documents could not be produced. Before passing any order on the basis of the prayer of Mr. Khosla and consideration of Mr. Prasad's submission, I consider it necessary to examine the records of this Court in greater detail.
The registry of this court is directed to produce the cause lists of September 29, 1983; March 26, 1984 and April 3, 1985.
On the last day, being 3rd April 1985, a direction was issued for constitution of a committee of management pertaining to the company involved.
The minute books pertaining to the orders passed on March 26, 1984 and April 3, 1985 shall also be produced before this Court.
Let this matter be listed under the heading "for orders" on March 9, 2015 at 3 p.m. by which time all the above documents shall be furnished by the registry before this Court.
(ANIRUDDHA BOSE, J.) tk