Calcutta High Court (Appellete Side)
Company Limited & Ors vs The Deputy Registrar Of on 10 July, 2019
Author: Shampa Sarkar
Bench: Shampa Sarkar
1
Sn 10.7.19 W.P. 1558(W) of 2007
3 With
C.A.N. 2886 of 2019
With
C.A.N. 6130 of 2019
With
W.P.14267(W) of 2012
THE PEERLESS GENERAL FINANCE & INVESTMENT
COMPANY LIMITED & ORS. VS. THE DEPUTY REGISTRAR OF
COMPANIES & ANR.
In re: C.A.N. 6130 of 2019
Mr. Abhijit Chatterjee..Sr.Adv.
Mr. Tapan Nag Chowdhury
Mr. A. Basu
..for the petitioners
Mr. Kausik Chanda..Ld.A.S.G.
Mr. N.L. Singhania
Mr. Tarun Jyoti Tewari
..for the respdts.1&2
Mr. L.K. Gupta..Sr.Adv.
Mr. D. Sen
Mr. M.K. Seal
..for the respdt.3
Mr. Varun Kedia
..for the UBI
This is an application for
injunction restraining the respondents from
giving any effect or further effect to the letter dated June 24, 2019. By the letter dated June 24, 2019, the Assistant General Manager, IEPF Authority has directed the petitioners Company to transfer the accrued interest on Escrow Account to the tune of Rs. 2 504.90 Crore to the IEPF on or before July 15, 2019.
The Company was directed to quantify the interest received on the matured deposits before opening of the Escrow Account. The Company was further directed to disclose the instruments, which were used to collect the deposits from public and the interest rate offered.
It is submitted on behalf of the petitioners that issuance of the said letter was in violation of the order passed by this Court on June 12, 2019. The dispute with regard to the interest was noted by this Court and liberty was granted to the respondents to file their affidavits. The writ petition was kept pending for decision on the ground as to whether the interest as claimed also in the letter impugned to this application was payable by the petitioners Company or not.
Affidavit in opposition by the respondents has not yet been filed. However, 3 as the authorities have issued the letter in the interim period, although, the dispute is pending for final decision of this Court, I feel an interim protection should be given to the petitioner.
The respondents are restrained from giving effect to the letter dated June 24, 2019 till disposal of the writ petition bearing no. W.P.1558(W) of 2007.
The application stands allowed. CAN 6130 of 2019 is disposed of.
In re : W.P. 1558(W) of 2007 Time to file affidavit in opposition is extended by three weeks from date; reply thereto, if any, be filed within one week thereafter.
Liberty is granted to the petitioners to include all the documents
annexed to the CAN 6130 of 2019 to their affidavit in reply.
Let this matter appear in the monthly combined list of August, 2019 under 4 the heading "Hearing".
(Shampa Sarkar,J.) 5 6