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Calcutta High Court

Bharat Process & Mechanicals Engg. Ltd vs Tpg Equity Management Pvt. Ltd on 28 March, 2014

Author: Patherya

Bench: Patherya

ORDER SHEET

                        CA NO.400 OF 2013
                       BIFR NO.520 OF 1992
                 IN THE HIGH COURT AT CALCUTTA
                        Original Jurisdiction
                          ORIGINAL SIDE


                                             IN THE MATTER OF :
                      BHARAT PROCESS & MECHANICALS ENGG. LTD.
                                                      (IN LIQN.)
                                                            AND
                               TPG EQUITY MANAGEMENT PVT. LTD.
                                                            -VS-
                                                            O/L


 BEFORE:
 The Hon'ble JUSTICE PATHERYA
 Date : 28th March, 2014.


                           MR. S.N.MOOKHERJI,SR.ADVOCATE, MR.R.BANERJI, MR.MAINAK BOSE,
                                                                              ADVOCATES
                               MR.R.MANTHA, MR.R.L.MITRA,ADVOCATES FOR RESPONDENT NO.2

MR.J.SAHA, MR.V.KUNDALIA, MS.S.SHAH, MR.K.SHAH,ADVOCATES FOR WORKMEN(JOINT ACTION FORUM) MR.JISHNU CHOWDHURY, MR.K.K.CHATTOPADHYAY, ADVOCATES FOR OMDC MRS.RUMA SIKDAR, ADVOCATE FOR OFFICIAL LIQUIDATOR MR.B.MOHANTY,OFFICIAL LIQUIDATOR The Court : Adjournment is granted in view of the letter dated 12th December, 2013 issued by the Director of Mines, Odisha, Bhubaneswar which is to take a decision in respect of a representation made by OMDC on 30th July, 2013. As the decision is awaited to pre- empt such decision would not be the correct procedure to follow. 2 Accordingly, matter is adjourned and directed to appear in the monthly list of July 2014.

This is necessary as by an earlier letter dated 11th December, 2012, OMDC was disallowed to continue its mining activities in three mines in respect of which lease was held by the company (in liquidation). Such adjournment is objected to by OMDC which is rejected in view of the above.

Urgent certified photocopies of this order be made available to the parties, if applied for, upon compliance with all requisite formalities.

(PATHERYA, J.) sb.