Calcutta High Court
M/S. Grapco Mining & Co. Ltd. (In vs The Official Liquidator on 30 September, 2008
Author: Maharaj Sinha
Bench: Maharaj Sinha
ORDER SHEET
C.A. No. 580 of 2008
C.A.No. 560 of 2007
B.I.F.R.No. 130 of 1998
IN THE HIGH COURT AT CALCUTTA
Original Jurisdiction
ORIGINAL SIDE
In the matter of:
M/S. GRAPCO MINING & CO. LTD. (IN
LIQUIDATION)
-And-
THE OFFICIAL LIQUIDATOR, HIGH
COURT, CALCUTTA
-Versus-
R.P. JHUNJHUNWALA & ORS.
-And-
SHYAMANAND JALAN.
-Versus-
OFFICIAL LIQUIDATOR, HIGH COURT,
CALCUTTA.
Mr. Sumit Talukdar, Adv.
...Appears and submits.
Before :
The Hon'ble Justice MAHARAJ SINHA.
Date: September 30, 2008.
The Court: The Official Liquidator is directed to use
an affidavit in opposition to the demurrer application made by
the sixth respondent, namely, Mr. K.M. Poddar, two weeks after
the Puja vacation. The affidavit in reply, if any, be used within two weeks thereafter. Both the applications will appear along with the other demurrer application made by the second respondent herein, namely, Smt. Sushila Jhunjhunwalla and seventh respondent, namely, Shree Shyamanand Jalan as partly heard four weeks after the puja vacation for hearing. 2
Mr. Talukdar, however, makes a prayer for stay of the misfeasance proceeding against the sixth respondent herein, namely, K.M.Poddar. I do no think that the said prayer need be considered at this stage as the hearing of the proceeding will take place only after the puja vacation as above and the Official Liquidator has already sought for direction for using affidavit to the demurrer application of the sixth respondent.
It is pointed out by Ms. Sikdar on behalf of the Official Liquidator that no points of defence have been filed by any of the respondents as yet.
The above point will, however, be considered at the time of hearing of the proceedings.
All parties concerned are to act on a xerox signed copy of this order on the usual undertakings.
All parties concerned are to act on a xerox signed copy of this order on the usual undertakings.
( Maharaj Sinha, J.) A/s.