Calcutta High Court
Mefin Chemicals Pvt. Ltd.(In Liqn) vs Suchismita Chakraborty on 28 January, 2014
Author: Patherya
Bench: Patherya
ORDER SHEET
CA No.639 of 2012
CP No.113 of 2001
IN THE HIGH COURT AT CALCUTTA
Original Jurisdiction
IN THE MATTER OF :
MEFIN CHEMICALS PVT. LTD.(IN LIQN)
AND
SUCHISMITA CHAKRABORTY
VS.
THE OFFICIAL LIQUIDATOR,HIGH COURT, CALCUTTA
& ORS.
BEFORE:
The Hon'ble JUSTICE PATHERYA
Date : 28th January, 2014.
Mr. Aniruddha Mitra, Advocate appears.
Mr. Amiya Kr. Sur for WBFC.
Mr.Susanta Kr. Dutta for Official Liquidator.
The Court : This application has been filed under Section 535 of the Companies Act, 1956 seeking disclaimer of the factory premises at 121, Netaji Subhas Road (formerly 5, Netaji Subhas Road) comprised in Dag no.2400 and 2406 at Narendrapur, 24 Parganas (South), Kolkata.
The case of the applicant is that it has purchased the said premises from its erstwhile owner as per the sale deed dated 6th April, 2006. As WBFC is the owner of the plant and machinery and stocks lying at the said premises, it is in physical possession of the entire premises along with its charged assets. The Official Liquidator pursuant to winding up is to be in physical possession of the assets of the company (in liquidation) but it could not take possession as WBFC was in possession of the same. Therefore, this application has been filed and orders sought.
Counsel on behalf of the Official Liquidator submits that although an attempt was made to take possession of the premises in question, the same could not be done as WBFC was already in possession of the said premises.
Counsel on behalf of the WBFC submits that in the event Rs.2 lakhs is paid to it by the applicant herein, it has no objection to the disclaimer. In 2 th fact, by order dated 6 January, 2006 an order was passed in terms of prayers
(a) and (b) of the Letter for Direction and there is no hindrance to the WBFC continuing to be in possession of the said premises. Therefore, this application merits no order.
Having considered the submissions of the parties, sale notice was issued in 2002 and 2003 for sale of the assets mentioned therein. In the list of assets the sale has been restricted to the plant and machinery and stocks in trade of the company (in liquidation). Nowhere has WBFC made a claim in respect of the immovable property. Therefore, the immovable property did not stand charged or mortgaged to WBFC. It is only the movables that are charged and therefore, WBFC was entitled to sell the same. In fact, as the said premises was not the asset of the company (in liquidation) the Official Liquidator has also not taken possession of the said immovable property. Therefore, there will be an order in terms of prayers (a) of the Judge's Summons. Let possession of the said immovable property be handed over to the applicant herein by the Official Liquidator within four weeks from date. This order is passed on the prayer of Counsel for WBFC as it seeks the abovementioned time to remove movable assets charged to it or take steps to sell the same. In the event, no step is taken within the time specified above by WBFC, the charged assets be removed by the applicant after an inventory is made in the presence of the Official Liquidator and WBFC to a place to be provided by WBFC. In the event, the charged assets are not removed, occupation charges be paid by WBFC on the expiry of one month.
In view of the aforesaid, this application is disposed of. All parties to act on a photostat signed copy of this order on the usual undertakings.
( PATHERYA, J.) pa 3