Calcutta High Court
Nicco Uco Alliance Credit Ltd vs Unknown on 27 November, 2014
Author: Biswanath Somadder
Bench: Biswanath Somadder
ORDER SHEET
CP No. 97 of 2008
WITH
CA No. 850 of 2007
IN THE HIGH COURT AT CALCUTTA
Original Jurisdiction
ORIGINAL SIDE
IN THE MATTER OF :
NICCO UCO ALLIANCE CREDIT LTD.
BEFORE:
The Hon'ble JUSTICE BISWANATH SOMADDER
Date : 27th November, 2014.
Appearance :
Mr. Ratananko Banerjee, Sr. Adv.
Mr. D. N. Sharma, Adv.
...for the petitioner Mr. Bhaskar Prasad Banerjee, Adv.
...for the Central Government Mr. Sailesh Mishra, Adv.
...for UCO Bank secured creditor The Court: At the time of hearing of the matter, the learned advocate appearing on behalf of the petitioner prays for leave to file a supplementary affidavit bringing on record the fact of making payment of Rs.28,000/- to one Chanchal Sur, who was the only person who voted against the scheme, being a fixed deposit holder having a deposit of Rs.7,000/-.
It appears that an affidavit was filed on behalf of the Central Government as far back as in the year 2008. The original affidavit, however, is not on record. Therefore, this Court allows the petitioner to provide a photocopy of the said affidavit for the purpose of keeping the same on record. 2
Perusing the said affidavit that the only observation of the Central Government on the scheme was as follows :
"That on perusal of the minutes of the meeting of the Fixed Deposit holders of the petitioner company, held on 29.02.2008, a copy of which is enclosed with the petition, it is observed that 1 Fixed Deposit holder having deposits of Rs.7000/- (Rupees Seven Thousand) voted against the scheme."
Since it is now evident that the single person who voted against the proposed scheme has been paid off and has issued a full and final receipt together with a disclaimer against all his claims in respect of the fixed deposit receipts held by him, the above quoted observation of the Central Government can be said to have been duly taken care of.
The learned advocate representing UCO Bank hands up a copy of the letter dated 24th September, 2014 which may be taken on record.
Perusing the same, it appears that the Bank has given consent to the proposed scheme of arrangement in favour of the petitioner. Let a copy of the said letter dated 24th September, 2014 be kept on record.
In such circumstances as stated above, this application is allowed in terms of prayers (a), (b), (c), (d) and (e).
In the event, the petitioner applies for a legible computerized printout of the scheme and the schedule of assets in acceptable form to the department, the department will append such computerized printout, upon verification, to the certified copy of this order without insisting on a handwritten copy thereof. 3
Let cost of 200 GMs. to be paid by the petitioner to the Central Government.
CP No. 97 of 2008 is accordingly disposed of.
Urgent certified photostat copies of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.
(BISWANATH SOMADDER, J.) akb/