Calcutta High Court
Tpg Equity Management Pvt. Ltd vs O/L on 23 July, 2014
Author: Patherya
Bench: Patherya
IN THE HIGH COURT AT CALCUTTA
Original Jurisdiction
ORIGINAL SIDE
CA 400 OF 2013
WITH
BIFR 520 of 1992
CA 409 of 2014
BHARAT PROCESS & MECHAMICALS ENGG. LTD. (IN LIQN.)
AND
TPG EQUITY MANAGEMENT PVT. LTD.
-VS-
O/L
BEFORE:
The Hon'ble JUSTICE PATHERYA
Date : 23rd July, 2014.
Mr.S.N.Mookherjee, Sr. Advocate
Mr. Ratnanko Banerjee, Sr.Advocate
Mr. Mainak Basu, Advocate
Mr.Reetobroto Mitra, Advocate
Mr. Bijoy Bhartia, Advocate
Mr. U. Ghosh, Advocate
Ms. M. Bose, Advocate
....for Secured Creditors
Mr. Shiv Shankar Banerjee, Advocate
Ms. Rituparna Majumder, Advocate
Mr. Gora Chand Roychowdhury, Advocate
Mr. Soumava Basu, Advocate
...for respondent/OMDC
Mr. Vipul Kundalia, Advocate Ms. Sonal Shah, Advocate ...for joint Administrators Mr.Rajsekhar Mantha, Advocate ...for Workmen Mr. B. Mohanti, Advocate Ms. Ruma Sikder, Advocate ...for O/L. 2 The Court :- While deciding the issue raised by the applicant Counsel for OMDC seeks to rely on certain documents which are according to him germane to the issue with regard to his right to exploit the mines of the company (in liquidation). These documents according to him have not been annexed to the pleadings as all that he did was to meet the case of the applicant herein.
It is only the case of the applicant which is being considered in the said proceedings and in doing so documents of OMDC are the only documents which are being considered by Court. Therefore, the question of any further document being produced for the issue in question cannot be permitted at this stage and the prayer made by Counsel for OMDC is rejected.
An adjournment is also sought by Counsel for OMDC on the ground that he is not ready in the matter but this prayer cannot be allowed as Counsel is not expected not to be ready in the matter at the time when a matter appears in Court. This is not the first time that this matter has appeared in fact it was appearing on an earlier occasion and had been adjourned and, therefore, it is on the adjourned date that this matter has appeared. Therefore, the said prayer cannot be allowed and accordingly the matter is proceeded with.
Certified copy of this order be supplied to the parties, if applied for, upon compliance of all requisite formalities.
(PATHERYA, J.) GH/pa.