Calcutta High Court
M/S. Dunlop India Ltd vs Smifs Capital Markets Ltd on 10 October, 2018
Author: Sanjib Banerjee
Bench: Sanjib Banerjee, Abhijit Gangopadhyay
OD-4
ACO No.35 of 2018
APO No.302 of 2018
in
CP No.233 of 2008
IN THE HIGH COURT AT CALCUTTA
Civil Appellate Jurisdiction
ORIGINAL SIDE
In the matter of :-
M/S. DUNLOP INDIA LTD.
And
SMIFS CAPITAL MARKETS LTD.
Vs.
BHARTIYA HOTELS PVT. LTD. & ANR.
BEFORE:
The Hon'ble JUSTICE SANJIB BANERJEE
And
The Hon'ble JUSTICE ABHIJIT GANGOPADHYAY
Date : October 10, 2018.
Appearance:
Mr. S.K. Kapur, Sr. Adv.
Mr. J. Saha, Sr. Adv.
Mr. Rudraman Bhattacharya, Adv.
Ms. M. Bhuteria, Adv.
Mr. Arijit Basu, Adv.
Mr. Sourojit Dasgupta, Adv.
Mr. Pratik Ghose, Adv.
Mr. Hirak Mitra, Sr. Adv.
Mr. Ratnanko Banerji, Sr. Adv.
Mr. S. Chatterjee, Adv.
Mr. M.K. Seal, Adv.
Mr. S. Barua,
Official Liquidator
Mr. R. R. Sen, Adv.
Mr. Sakya Sen, Adv.
Mr. Paritosh Sinha, Adv.
2
The Court : The immediate dispute pertains to the Worli property of the
company (in liquidation) that ICICI Bank Limited now claims to be in possession of.
The appellant is one of the several unsecured creditors of the company (in
liquidation) and claims that the Worli property may have been unlawfully transferred by
the erstwhile management of the company (in liquidation). ICICI Bank Limited is the
principal respondent and says that since the application by the creditor appellant before
the company Court was not maintainable, the present appeal is also impermissible.
Without prejudice to the point of maintainability taken by ICICI Bank Limited, there will be an interim order restraining ICICI Bank Limited from creating any rights or further rights in respect of the Worli property or any part thereof in favour of any person without the previous leave of this court.
It will be open to the respondents to use an affidavit-in-opposition to the stay petition. An advance copy of such affidavit should be made over to advocate for the appellant four days prior to the adjourned date. Affidavit-in-reply, if any, may be filed on the adjourned date.
The matter will appear on the reopening day after the vacation.
(SANJIB BANERJEE, J.) (ABHIJIT GANGOPADHYAY, J.) kc.