Calcutta High Court
Bharat Process & Mechanicals Eng. Ltd. ... vs Re: T. P. G. Equity Management Pvt. Ltd on 15 November, 2019
Author: I. P. Mukerji
Bench: I. P. Mukerji
OD - 3 CA No. 400 of 2013 with BIFR 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 Eng. 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: 15th November, 2019 Appearance:
Mr. Ratnanko Banerjee, Sr. Adv.
Mrs. Lopita Banerjee, Advocate Mr. Deepnath Roychowdhury, Advocate Ms. Shyantee Datta, Advocate for TPG Equity Management Pvt. Ltd. Mr. Nandalal Sinhania, Advocate Mr. S. Chakraborty, Adv.
for Union of India Mr. Sudhasatva Banerjee, Advocate Mr. R. L. Mitra, Advocate for BPMEL Shramik Union Mrs. Sonal Shah, Advocate Mr. K. Shah, Adv.
Mr. V. Kundalia, Adv.
for Joint Action Forum Mr. Aninda Bhattacharya, Advocate for Official Liquidator The Court: It appears from the letter dated 3rd September, 2019 of Mr. Banerjee's advocate on record that this order was served upon the Ministry of Law, Kolkata.
There is no compliance with the order dated 9th August, 2019. We do not know whether this order was served upon the Secretary, Department of Heavy Industries of the Central Government and Dr. A. R. Sihag, Joint Secretary.
In those circumstances, Mr. Banerjee's advocate on record is directed to serve copies of this order on the said officials of the Central 2 Government and the CEO of Orissa Government and Orissa Mineral Development Company (OMDC) and to affirm an affidavit of service, on or before 30th November, 2019.
This Court makes it clear that if the non-compliance continues, the said officials of the Central Government and the CEO of Orissa Government shall be directed to personally present in Court to explain the position.
Learned counsel appearing for the official liquidator submits before the Court that the District Magistrate is not rendering assistance in terms of the order dated 9th August, 2019. Before the returnable date by 9th December, 2019 the District Magistrate, Keonjhar District is directed to file an affidavit in this Court responding to the above allegation. If sufficient cause is not shown, he shall be directed to appear on the subsequent date of hearing of this matter.
List all these applications on 20th December, 2019.
(I. P. MUKERJI, J.) A. Dey