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Calcutta High Court

Bharat Process & Mechamicals Engg. ... vs Tpg Equity Management Pvt. Ltd. -Vs- O/L on 14 September, 2018

Author: I. P. Mukerji

Bench: I. P. Mukerji

                                    ORDER SHEET

                                    CA 400 of 2013
                                        WITH
                                   BIFR 520 of 1992
                                    CA 409 of 2014
                                    CA 524 of 2014

                         IN THE HIGH COURT AT CALCUTTA
                                Original Jurisdiction
                                  ORIGINAL SIDE


            BHARAT PROCESS & MECHAMICALS ENGG. LTD.(IN LIQN.)
                                Versus
                TPG EQUITY MANAGEMENT PVT. LTD. -VS- O/L


  BEFORE:
  The Hon'ble JUSTICE I. P. MUKERJI

Date : 14th September, 2018.

Appearance:

Mr. Kaushik Chand, Ld. ASG Mr. Nandalal Singhania, Adv.
Mrs. Debjani Ray, Adv.
Mrs. Lopita Banerjeee, Adv.
Mr. Deepnath Roychowdhury, Adv.
Ms. Shyantee Datta, Adv.
Mr. Jyoti Prakash Patnaik, Adv.
Mr. Vipul Kundalia, Adv.
Mr. Gora Chand Roychowdhury, Adv.
The Court: The affidavit-in-opposition on behalf of OMDC brought ready to Court by their learned Counsel is taken on record.
The decision of the Central Government is very crucial for the outcome of this matter. No decision, as yet, has been taken by them. The decision to be taken is whether they are agreeable to renew the lease or grant a fresh lease of the subject mines and if so, to which entity? The previous lease was in favour of BPMEL (in liquidation). This has expired by efflux of time.
Mr. Singhania, led by the Additional Solicitor General, apprises this Court that their government would take at least six weeks' time to file an affidavit, indicating the decision of the government in this regard. 2
Although this matter is pending in this Court for a very long time, this Court has no option but to grant this time to the Central Government because without their decision, this matter cannot move forward. Under those circumstances, time to file their affidavit-in-opposition is extended till 16th November, 2018. Any party which has not filed its affidavit-in-opposition may do so within this extended period. List this application once again on 30th November, 2018. Affidavits-in-reply may be filed in the mean time.
(I. P. MUKERJI, J.) R.Bhar