Calcutta High Court
M/S. Citicorp Finance (India) Ltd vs Ravi Udyog (P) Ltd. & Anr on 5 September, 2024
ORDER SHEET
OD-6
IA No. GA/2/2024
In
EC/4/2009
IN THE HIGH COURT AT CALCUTTA
ORDINARY ORIGINAL CIVIL JURISDICTION JURISDICTION
M/S. CITICORP FINANCE (INDIA) LTD.
VERSUS
RAVI UDYOG (P) LTD. & ANR.
BEFORE:
The Hon'ble JUSTICE BIVAS PATTANAYAK
Date: 5th September, 2024.
Appearance:
Ms. Ankita Singh, Adv.
For the decree-holder.
Ms. Nilanjana Adhya, Adv.
Mr. Arindam Paul, Adv.
Ms. Debarati Das, Adv.
For the petitioner/judgment debtor.
Mr. Aniruddha Mitra, Adv.
For the Receiver.
The Court :- Mr. Aniruddha Mitra, learned Receiver, informs that out of 19 companies shares in respect of 11 companies could be transferred since the other 8 companies have already become defunct. The demat account maintenance charges was agreed to be borne by the petitioner in the meeting. However, subsequent thereto a letter has been sent by advocate-on-record to him stating of dereliction of duty on his part and, therefore, he is supposed to pay the charges in respect of the maintenance of the demat account. It has been indicated in the aforesaid letter that he has been discharged by the order of this Court on 19th January, 2011, however, no copy of such letter is provided. As 2 regards the dividend of the shares, he informs that IIFL has intimated him that the amount of the dividend is to be obtained from the Registrar of Companies. Since e-mails of the respective companies were not provided, the letters seeking further information could not be issued to the Registrar of Companies. Further the Advocate-on-Record has called upon him to produce his bank statement of last 15 years, without any plausible reasons.
It is found from the materials on record that the petitioner Mr. Deepak Kumar Loyalka previously sent a registered letter dated 31 st July, 2024 addressed to me which was placed before this Court by the learned Registrar, Original Side on 8th August, 2024. Such fact was brought to the notice of the learned Advocate representing the petitioner by this Court and she was further asked to inform the petitioner to refrain from sending letters directly to the Judge. However, subsequent thereto, the petitioner has once again sent a letter on 24th August, 2024. Such prayer or grievance of the parties, if any, is required to be made through applications following procedure laid down.
In view of the aforesaid, Mr. Deepak Kumar Loyalka is directed to remain present on the returnable date.
Learned Advocate for the petitioner seeks leave to file supplementary affidavit annexing the copy of the minutes dated 4 th February, 2011 and order dated 19th January, 2011.
Leave is granted to file such supplementary affidavit by the returnable date.
Copy of this application as well as copy of supplementary affidavit be served upon the learned Receiver.3
List this matter on 23rd September, 2024.
(BIVAS PATTANAYAK, J.) snn.