Calcutta High Court
Sri Sri Onkershwara Rice Mill P. Ltd.[In ... vs Unknown on 6 June, 2013
Author: Ashim Kumar Banerjee
Bench: Ashim Kumar Banerjee
ORDER SHEET
APO NO.130 OF 2013
CP NO.562 OF 2010
IN THE HIGH COURT AT CALCUTTA
Civil Appellate Jurisdiction
ORIGINAL SIDE
IN THE MATTER OF :
SRI SRI ONKERSHWARA RICE MILL P. LTD.[IN LIQN.]
AND
IN THE MATTER OF :
SURAJIT DUTTA
Versus
THE OFFICIAL LIQUIDATOR
[CAL. HIGH COURT] & ORS.
BEFORE:
The Hon'ble JUSTICE ASHIM KUMAR BANERJEE
The Hon'ble JUSTICE DR.MRINAL KANTI CHAUDHURI Date : 6th June, 2013.
Mr.Sakya Sen, Advocate Mr.Anirban Pramanick, Advocate for the appellant.
Mr.A.K. Sur, Advocate for the WBFC.
Mrs.Smita Das De, Advocate for the Official Liquidator.
The Court : The appellant made an application before the learned single Judge for setting aside of the sale. He claims to be a Director of the erstwhile company [in liquidation]. The learned Judge found the application grossly belated. His Lordship, however, permitted the appellant 2 to have a joint survey at the cost of the appellant. His Lordship directed deposit of a sum of Rs.1,50,000/- for the said purpose.
Being aggrieved, the appellant approached this Court by filing the instant application. At the initial stage, we permitted the appellant to deposit a sum of Rs.1,00,000/- instead of Rs.1,50,000/-. We are told, the appellant duly deposited such sum.
We have heard the parties at length. We could not hear the purchaser as the appellant is not aware of the address of the purchaser. According to him, neither the WBFC nor the official liquidator furnished him the particulars. The sale has already been concluded. WBFC already executed conveyance in favour of the purchaser. The appellant contended, the surplus land that was not mortgaged to WBFC or belonged to the company [in liquidation], had been sold to the purchaser. The learned Judge directed the official liquidator to conduct a survey. None has approached us objecting to such exercise. Hence, we once again direct the official liquidator to comply with the direction of His Lordship.
WBFC is directed to inform the purchaser to cooperate with the official liquidator and not to transfer the said land till the survey is complete. Mr.Sur appearing for WBFC, however, submits, WBFC sold only the property that had been mortgaged to them and no excess land was sold. The entire exercise must be completed at an early date. The appellant 3 would, however, be at liberty to pray for refund of any sum in excess of the cost in case the appellant ultimately succeeds in establishing his contention.
The appeal is disposed of without any order as to costs.
(ASHIM KUMAR BANERJEE, J.) (DR.MRINAL KANTI CHAUDHURI, J.) sd/