Calcutta High Court
Dunlop India Limited vs Unknown on 29 June, 2018
Author: Arindam Mukherjee
Bench: Arindam Mukherjee
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
CA 50 of 2018
with
CP 233 of 2008
IN THE MATTER OF:
DUNLOP INDIA LIMITED
AND
IN THE MATTER OF:
M/S. E.V. MATHAI & SONS
AND
IN THE MATTER OF:
BANSBERIA MUNICIPALITY
VERSUS
OFFICIAL LIQUIDATOR
BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE
Date : 29th June, 2018.
Mr.Biplab Ranjan Basu, Adv.
..for Bansberia Municipality Mr. Anupam Dasadhikari, Adv.
..for O/L The Court : This is an application by Bansberia Municipality seeking extension of time to submit their affidavit of proof of debts before the Official Liquidator in respect of Dunlop India Limited [in liquidation].
It is submitted that the winding up order was passed on January 31, 2013 and the Official Liquidator invited claims through paper publication. The last date of submitting the claim before the Official Liquidator was October 16, 2017. The applicant says that their claim is on account of unpaid municipal rates and taxes of the company (in liquidation). Explanation, 2 offered by the applicant for its inability to submit its affidavit of proof of debts within the time period, is not satisfactory.
However, considering the fact that all the claims, received by the Official Liquidator, have not yet been settled and that the applicant is a statutory body and its claim is on account of municipal rates and taxes, for the ends of justice the applicant is given an opportunity to file its claim within a period of two weeks from date, failing which the applicant will be precluded from filing its affidavit of proof of debts.
The application being CA 50 of 2018 is disposed of. However, there shall be no order as to costs.
(ARINDAM MUKHERJEE, J.) sm