Calcutta High Court
National Building Construction ... vs The Official Liquidator on 13 August, 2008
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
CA No. 502 of 2008
CA NO. 644 OF 2005
CA NO. 331 OF 2002
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
MINING & ALLIED MACHINERY CORPORATION LTD (IN LIQN.)
And
NATIONAL BUILDING CONSTRUCTION CORPORATION LIMITED
Versus
THE OFFICIAL LIQUIDATOR
For APPLICANT : SUSANTA DUTTA, ADV.
For Respondent : M. SEN, ADV.
BEFORE:
The Hon'ble JUSTICE SANJIB BANERJEE Date : 13th August, 2008.
The Court : This is an application under Section 446 of the Companies Act by National Building Construction Corporation Ltd. seeking leave to proceed in arbitration against the company (in liquidation) before the Permanent Machinery of Arbitration (PMA) that looks into the disputes between the Central Government Undertakings and the like.
The Official Liquidator represents the interest of Mining and Allied Machinery Corporation Ltd. (in liquidation). The company (in liquidation) functioned under the Ministry of Heavy Industries before its liquidation.
Despite the earlier order of March 5, 2007, it appears that at the meeting before the High Powered Committee held on May 13, 2008, the Official Liquidator was not represented.
The Official Liquidator represents the interest of a company after it goes into liquidation and is the repository of all claims against the company (in liquidation) or its assets. Despite the Ministry of Heavy Industries having been responsible for the affairs of the company (in 2 liquidation) prior to its liquidation, no person can represent the company (in liquidation) without obtaining permission from the Official Liquidator or leave of Court presiding over the liquidation proceedings.
Let a copy of this application be served by the applicant on the Ministry of Heavy Industries or the appropriate Ministry which controlled the affairs of the company (in liquidation) prior to its liquidation.
The matter shall appear three weeks hence.
The applicant will inform the Ministry of Heavy Industries or another appropriate Ministry that such Ministry should be represented on the returnable date.
Urgent certified photostat copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(SANJIB BANERJEE, J.) kc.
R.O(Ct.)