Calcutta High Court (Appellete Side)
The Investors & Marketing Members' ... vs Uoi & Anr on 5 October, 2023
05.10.2023
ct. 28/sdas. Pincon & Ors.
Sl. 74-78
W.P.A 24110 of 2016
CAN 3 of 2021
CAN 4 of 2022
CAN 5 of 2023
The Investors & Marketing Members' Welfare Society & Ors.
Vs.
UOI & Anr.
with
W.P.A 1215 of 2020
with
W.P.A 18549 of 2017
CAN 1 of 2023
with
W.P.A 20328 of 2019
with
W.P.A 3899 of 2019
with
W.P.A 498 of 2018
Mr. Manas Dasgupta
Mr. Gourav Das
.....for the petitioner (Pincon)
Mr. Ramij Munsi
Mr. Nishant Choudhury
Ms. Champa Paul
.....for the petitioner in WPA 20328/19 &
WPA 3899/19
Mr. Subhasis Chakraborty
Ms. S K Singh
.....for the petitioner in WPA 24110/16 &
WPA 18549/17
Mr. Biswabrata Basu Mallick
Mr. Tarak Karan
Mr. Sayan Datta
.....for the State
Mr. Arka Kr. Nag
Mr. Tirthankar Dey
.....for the High Court Admn.
Mr. N Ahmed
.....for the Committee.
2
Mr. Prasanta Kr. Dutt
Mr. S K Dutt
Mr. S Banerjee
.....for the SEBI
Ms. Sabita Roy
.....for the UOI
Mr. Jayanta Banerjee
Ms. M Dey Basu
.....for the Special Officer
Re : CAN 1 of 2023
1.Learned Advocate for the State submits report of Excise Commissioner with regard to the manner of auction of the seized liquor of M/s. PINCON Spirit Ltd. Let it be kept on record.
2. Let a copy of the report be circulated amongst the learned Advocates for the parties.
3. Let the application appear on 12.10.2023.
Re : CAN 4 of 2023 & CAN 5 of 2023
4. Learned Advocate for the applicant submits that the properties being Guest House at Premises No. 10/5, Jamini Roy Sarani, Kolkata - 700019, Hotel Premises at Plot No.19, Mini Holiday Home, Sector of Digha Development Scheme, Digha, Purba Medinipur and Office Room no.334, 3rd Floor, Premises No.1, Crooked Lane, Holding No.107, Ward No.46, Block No. XX, P.S. Hare Street, Kolkata - 700069 have been attached by economic offences. They need immediate repairs failing which there will be depreciation in value of these assets. 3
5. Mr. Biswabrata Basu Mullick, learned Advocate for EOW submits report. He contends the investigating team is not equipped to assess the requirement of repairs or to undertake the repairs. The applicant offers to repair the properties at his own risk and cost. Properties in question were attached in course of investigation of cases registered against PINCON group of companies. It is contended they require immediate repairs. EOW is unable to enlighten the court with regard to the necessity of repairs. EOW is not willing to undertake expenses on such score.
6. But the applicant is willing to undertake such expenses and ensure that the valuation of the attached properties do not go down due to lack of repairs.
7. In view of the aforesaid submissions, we direct as follows :-
a) A joint inspection of the properties in question be undertaken by the representatives of the applicants and EOW within a week to assess whether repairs are necessary;
b) EOW shall submit report on the adjourned day.
8. Matter will appear four weeks after ensuing Puja Vacation (21.12.2023).
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Re : CAN 3 of 2021
9. Affidavit filed by the learned Registrar General is placed on record.
10. Let this application appear on 12.10.2023. (Gaurang Kanth, J. ) ( Joymalya Bagchi, J. )