Calcutta High Court
Bharat Process & Mechanicals ... vs Re: T.P.G. Equity Management Pvt. Ltd on 27 July, 2018
Author: I. P. Mukerji
Bench: I. P. Mukerji
OD-1 CA No. 400 of 2013 with BIFR No. 520 of 1992 CA No. 409 of 2014 CA No. 524 of 2014 IN THE HIGH COURT AT CALCUTTA ORIGINAL JURISDICTION In the matter of:
Bharat Process & Mechanicals Engineering Ltd. (In Liqn.) And Re: T.P.G. Equity Management Pvt. Ltd.
Versus Official Liquidator, High Court, Calcutta Before:
The Hon'ble Justice I. P. MUKERJI Date: 27th July 2018 Appearance:
Mr. Ratnanko Banerjee Sr. Adv.
Mrs. Lopita Banerjee, Adv.
Mr. Deeepnath Roy Chowdhury, Adv.
Ms. Shyantee Datta, Adv.
for the applicant Mr. Kausik Chanda, Ld. A.S.G. Mr. Nandalal Singhania, Adv.
Ms. Debjani Roy Ghosh, Adv.
Mrs. Ruma Sikdar, Adv.
Mr. Suddhasatta Banerjee, Adv.
Mr. Anuj Singh, Adv.
. . .for workers union Mr. Jyoti Prakash Patnaik, Adv.
. . .for the Additional Government Adv.
Government of Odisa.
Mr. Jayanta Mitra Sr. Adv.
Gora Chand Roy Choudhury, Adv.
Mr. S. Roy, Adv.
for OMDC Mr. Abinash Kankaria, Adv.
Mr. Ganesh N. Jajodia, Advocate for Deboprasad Roy Mr. Vipul Kundalia, Adv.
. . .for employees joint action forum. 2 The Court: The affidavit in opposition filed in Court today on behalf of the State of Odisha and the Workers' Union represented by Mr. Singh are taken on record.
The parties who have filed their affidavits in opposition should be given a chance to file supplementary affidavits and those who have not filed their affidavits in opposition should be permitted to file their affidavits in opposition by the extended time.
Since the leases of the mines in question has expired by efflux of time, the Central Government will have to take a decision to be incorporated in an affidavit to be filed by them as to whether they are agreeable to renew the leases or to grant fresh leases. If the decision is in the affirmative, they will also indicate whether they are prepared to grant the lease in favour of BPMEL (in liquidation), through the Official Liquidator. It also appears that the leases of the said mines are required to be granted on the recommendation of the Government of Odisha. In the past, BPMEL had granted a power of attorney to OMDC, a Government of India Undertaking Company to operate the mines. The exact power enjoyed by OMDC is disputed.
Mr. Jayanta Kumar Mitra, learned Senior Advocate appearing for the OMDC, asserts that his client was the virtual owner of the mines and had operated them from the time of the British rule. Mr. Banerjee learned Senior Advocate refutes this contention.
If affidavits or supplementary affidavits, as the case may be, are filed by the Central Government, the State of Odisha and OMDC it will make determination of other issues in this application much simpler.
In those circumstances, the said entities are given liberty to file affidavits/supplementary affidavit by 10th September, 2018. Any other party might also file his or their affidavit/supplementary affidavit within this period.
List this application once again on 14th September, 2018. 3 The Official Liquidator who is in custody of the properties in liquidation will act strictly in accordance with law.
(I. P. MUKERJI, J.) cs/