Calcutta High Court (Appellete Side)
And Ors vs Union Of India & Ors on 15 January, 2018
Author: Aniruddha Bose
Bench: Aniruddha Bose
1
15.01.2018
1
Ct.No.11 W.P.24110 (W) of 2016
CHC
The Investors & Marketing Members' Welfare Society
and ors.
Vs.
Union of India & ors.
With
W.P.1478 (W) of 2017
Hussain Ali
Vs.
State of West Bengal & ors.
With
W.P.2134 (W) of 2017
Rita Sarkar & ors.
Vs.
Union of India & ors.
With
W.P.2836 (W) of 2017
Nimai Majhi & ors.
Vs.
Union of India & ors.
with
W.P.14592 (W) of 2017
Gurupada Samanta
Vs.
Union of India & ors.
With
W.P.18549 (W) of 2017
Kashinath Kundu & anr.
Vs.
Union of India & ors.
With
W.P.18551 (W) of 2017
Gopal Chandra Khamari & anr.
Vs.
Union of India & ors.
With
W.P.18555 (W) of 2017
Malay Kr. Giri & anr.
Vs.
Union of India & ors.
With
W.P.30734 (W) of 2017
Purnendu Das & ors.
2
Vs.
Union of India & ors.
Mr. Golam Mastafa,
Mr. Subir Sabud
...for the petitioners
Mr. Taimur Hossain,
Ms. Sibani Bhagat
...for the petitioners
in W.P.1478 (W) of 2017
Mr. Kazi F. Hossain,
Ms. Sanchayit De
...for the petitioner
in W.P.2134 (W) of 2017
Mr. Subhasis Chakraborty,
Mr. Arindam Das
...for the petitioners in W.P.18549 (W)/17
Mr. Tapan Mukherjee, Sr. Advocate, (Ld. A.G.P.)
Mr. Tulshidas Ray
....for the State
Mr. Asraf Ali
....for the CBI
Mr. Indranil Roy
Mr. Biswajit Manna,
...for respondent no.29
in W.P.18549 (W) of 2017, W.P.18551 (W) of 2017, W.P.18555 (W) of 2017 Mrs. Ruma Sikdar ...for the Official Liquidator Mr. Prasanta Kumar Dutt, Mr. Susanta Kumar Dutt, Mr. Syamantak Banerjee ....for the S.E.B.I. 3 Mr. Meghajit Mukherjee, Mr. Uttiya Mallick ...for respondent no.23 Mr. Pratap Chatterjee, Ld. Senior Counsel Mr. Rana Mukherjee, Ms. Kabita Mukherjee, Mr. Manas Dasgupta ...for respondent nos.18, 20, 21, 22, 25 and 29 Mr. Partha Ghosh ...for the U.O.I. in W.P.14592 (W) of 2017 Ms. Sabita Roy ...for the U.O.I. in W.P.1478 (W) of 2017 Mr. Subrata Roy ...for the U.O.I. in W.P.18551 (W) of 2017 Mr. Asis Mukherjee ...for the U.O.I. in W.P.30734 (W) of 2017 respondent nos. 1, 7, 8 & 9 Mr. D. K. Kundu, Mr. Arjun Basu ...for the RBI Counter affidavit is filed by the writ petitioners in W.P.24110 (W) of 2016. Let the same be kept with records.
Mr. Chatterjee, learned Senior Counsel appears on behalf of respondent nos.18, 20, 21, 22, 25 and 29 in 4 W.P.24110 (W) of 2016 and submits that his clients have formulated a scheme for repayment to the investors.
Let copies of the scheme be made available to the learned Advocates-on-record for SEBI as well as the State of West Bengal. If any other party involved in this batch of writ petitions want copies of the scheme, then the person seeking copies thereof shall approach through their learned advocates the learned Advocate-on-Record for the aforesaid respondents (respondent nos.18, 20, 21, 22, 25 and 29).
Mrs. Sikdar, learned advocate appears on behalf of the Official Liquidator and submits that Official Liquidator has taken possession of the assets of Greenage Food Products Ltd. ('Greenage' in short) who have been impleaded as respondent no.19 in W.P.18549 (W) of 2017. In our view, the Official Liquidator is a necessary party to aforesaid proceeding. Let the Official Liquidator be added as a respondent in that writ petition and necessary amendment to be made for that purpose. The writ petition after amendment shall be served upon the learned Official Liquidator. So far as Greenage is concerned, they shall be described as company in liquidation in all proceedings in which they are parties 5 before us. The cause-title to be amended here and now for that purpose as well.
Let Mr. Ali, learned counsel, obtain instruction from his client, Central Bureau of Investigation as regards the status of investigation, if any, in relation to any of the companies of Pincon group.
Let this matter be listed on 20th February, 2018. Urgent certified photostat copy of this order, if applied for, shall be given to the parties as expeditiously as possible on compliance of all necessary formalities.
(Aniruddha Bose, J.) (Joymalya Bagchi, J.) 6