Calcutta High Court
Mahabir Prasad Agarwal & Ors vs Alcock Mcphar Geotech India (Pvt.) Ltd on 13 August, 2015
Author: Soumen Sen
Bench: Soumen Sen
ORDER SHEET
EC No.505 of 2014
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
MAHABIR PRASAD AGARWAL & ORS.
Versus
ALCOCK MCPHAR GEOTECH INDIA (PVT.) LTD.
BEFORE:
The Hon'ble JUSTICE SOUMEN SEN
Date : 13th August, 2015.
Appearance:
Mr. Chayan Gupta, Adv.
Mr. Anuj Singh, Adv.
Mr. Ravi Asopa, Adv.
...for Kishore Kr. Das.
Mr. Debdut Mukherjee, Adv.
Mr. Gaurav Purkayastha, Adv.
...for Aninda Bose.
Mr. Pranit Bag, Adv.
Mr. M.M. Chandra, Adv.
...for Sudipto Nath Mukherji.
Mr. Subir Ranjan Ghosh, Adv.
...for Subrata Sinharay.
The Court : Pursuant to the notice Mr. Aninda Bose, Mr. Kishore Kumar Das, Mr. Sudipto Nath Mukerji and Mr. Subrata Sinharay appeared and filed their respective affidavits. Mr. Aninda Bose has stated in the affidavit that he has resigned as a Director of the judgment debtor company on 27th March, 2010. Mr. Kishore Kumar Das in his affidavit has stated that he is an ISKCON guru and a sannyasi and also a member of 2 Governing Body of ISKCON. It is stated on numerous occasions, Mr. Das has requested the Board of Directors to accept his letter of resignation which they have ignored for many months and thereafter by a letter dated 28th July, 2013 he had resigned from the Board of Directors of the judgment debtor. Mr. Sudipto Nath Mukerji as one of the Directors of the judgment debtor has filed an affidavit of asset. Mr. Subrata Sinharay in his affidavit has stated that on 28th June, 2007 he had joined the company as a Director but he had resigned subsequently on 3rd February, 2008. In the said affidavit he has also annexed form no.32 submitted with the Registrar of Company.
Under such circumstances, Mr. Kishore Kumar Das, Mr. Subrata Sinharay and Mr. Aninda Bose are not required to contest the present proceedings. The company represented by Mr. Sudipto Nath Mukerji who is the Managing Director of the judgment debtor company has filed an affidavit of asset. Mr. Sudipto Nath Mukerji shall file an affidavit disclosing the balance sheet and the books of accounts of the company for the last three financial years by way of an affidavit within a period of three weeks from date.
The matter is adjourned for four weeks. The said affidavits are all taken on record.
(SOUMEN SEN, J.) B.Pal