Calcutta High Court
Bengal Enamel Works Ltd (In Liqn.) vs Trustees To The Public Charitable Trust ... on 6 July, 2018
Author: Arindam Mukherjee
Bench: Arindam Mukherjee
OD - 1
ORDER SHEET
CA 92 of 2018
With
CP 336 of 1982
IN THE HIGH COURT AT CALCUTTA
Original Jurisdiction
ORIGINAL SIDE
IN THE MATTER OF:
BENGAL ENAMEL WORKS LTD (IN LIQN.)
AND
TRUSTEES TO THE PUBLIC CHARITABLE TRUST OF DR. M.N. CHAT
Versus
OFFICIAL LIQUIDATOR, HIGH COURT, CALCUTTA
BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE
Date : 6th July, 2018.
Appearance:
Mr. Tapas Kumar Barman, Adv.
Mr. Biswadip Ghosh, Adv.
For the petitioner Mrs. Ruma Sikdar, Adv.
For the Official Liquidator The Court : This is an application for disclaimer in respect of the 6th Floor of Premises No. 24, Chittaranjan Avenue, Kolkata - 700072. The applicant, namely, Dr. Sanders Memorial Eye Infirmary Trust says that it is the owner of the property in question which was leased out initially to Calcutta Insurance Limited in October, 1952 and thereafter Life Insurance Corporation of India became the lessee by operation of law. The property in question was sub-leased to the company (in liquidation). Neither the trust deed nor the lease deed is on record to substantiate such statements. There is also no scope of passing of any interim order.
In such circumstances, on the prayer of the applicant, the applicant is granted leave to file a supplementary affidavit to bring on record the trust deed and the lease deed within a period of two weeks.2
The Official Liquidator is directed to file his opposition to the petition as also to the supplementary affidavit within a period of two weeks thereafter. Affidavit-in-reply, if any, be filed within one week therefrom.
List this matter on 17/08/2018.
(ARINDAM MUKHERJEE, J.) A Dey