Calcutta High Court
M/S. Modern Infra Projects India Ltd vs M/S. Rising Buildcom Limited & Anr on 28 October, 2013
Author: Dipankar Datta
Bench: Dipankar Datta, Joymalya Bagchi
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
ORIGINAL JURISDICTION
APOT No.532 of 2013
CA No. 421 of 2013
CP No. 61 of 2013
In the matter of:
M/S. MODERN INFRA PROJECTS INDIA LTD.
AND
M/S. RISING BUILDCOM LIMITED & ANR.
AND
APOT No.533 of 2013
CA No. 416 of 2013
CP No. 63 of 2013
In the matter of:
M/S. MODERN INFRA PROJECTS INDIA LTD.
AND
M/S. DHANALAXMI MERCANTILE PRIVATE LIMITED & ANR.
AND
APOT No.534 of 2013
CA No. 420 of 2013
CP No. 62 of 2013
In the matter of:
M/S. MODERN INFRA PROJECTS INDIA LTD.
AND
M/S. RIDHI SIDHI MERCHANTS PRIVATE LIMITED & ANR.
Appearance:
Mr. Avik Datta, Adv.
...for the appellant
Mr. Saubhik Chowdhury, Adv.
...for L. & T Finance Limited
Ms. Ruma Sikdar, Adv.
...for the Official Liquidator
2
BEFORE:
The Hon'ble JUSTICE DIPANKAR DATTA
AND The Hon'ble JUSTICE JOYMALYA BAGCHI Date : 28th October, 2013 (Vacation Bench) The Court: The order dated 23rd September, 2013 refusing to recall the order dated 29th July, 2013 has been appealed against. We find that by the order dated 29th July, 2013, the company was formally wound up and the Official Liquidator was directed to take steps for taking possession of the assets of the company.
It is submitted on behalf of the Official Liquidator that the registered office of the company has already been taken possession of.
Learned counsel appearing on behalf of the secured creditors submits that they have already made their application before the Official Liquidator.
We have perused the impugned order. We do not find any illegality or irregularity so as to interfere therein. It is apposite to mention that the order dated 29th July, 2013 directing the company to be formally wound up has not been appealed against.
For the aforesaid reason, the appeals (APOT No.532 of 2013, APOT No.533 of 2013 and APOT No.5342 of 2013) stand dismissed. 3
Photocopies of this order duly counter signed by an officer of this court shall be retained with the records of APOT No.533 of 2013 and APOT No.534 of 2013.
Urgent certified photocopies of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(DIPANKAR DATTA, J.) (JOYMALYA BAGCHI, J.) kc./B.Pal