Calcutta High Court
Hoogly Ink Company (Delhi) P.Ltd.(In ... vs Balaji Industries & Anr on 4 April, 2014
Author: Patherya
Bench: Patherya
ORDER SHEET
CA No.213 of 2014
With
CP No.348 of 2003
IN THE HIGH COURT AT CALCUTTA
Original Jurisdiction
IN THE MATTER OF:
HOOGLY INK COMPANY (DELHI) P.LTD.(IN LIQN.)
AND
BALAJI INDUSTRIES & ANR.
VS.
THE OFFICIAL LIQUIDATOR & ORS.
BEFORE:
The Hon'ble JUSTICE PATHERYA
Date : 4th April, 2014.
Mr. Nilay Sengupta for Hooghly Dock & Port Engineering Ltd.
Mr. A.K.Agarwal for contributory.
Mr. B.Mohanty, O.L. appears.
The Court : By order dated 18th July, 2012 an opportunity was given to the allottees to make payment of sums to remain in occupation of plots in the Loni Industrial Estate, DIC, Gaziabad. Certain sums have been paid and on 20th February, 2014 an extension was sought to make payment of the balance sum. Although an objection was raised the said was overruled and extension was granted to the allottees to make payment of Rs.9,96,547/-. Out of the said sum on 11th March, 2014 a sum of Rs.2,32,325/- has only been deposited with the Official Liquidator. This is not the amount contemplated to be paid by order dated 20th February, 2014 and admittedly a default has been committed. Therefore, the default clause mentioned in the order dated 18th July, 2012 will become operative and the Official Liquidator will be entitled to take possession of the plots in Loni Industrial Estate, Gaziabad.
Counsel for the allottees submits that certain sums of money are lying with DIC, Gaziabad and such sums be remitted to the Official Liquidator. 2 The circumstance in which the sums are lying with DIC is not known to this Court and any direction in that regard cannot be entertained without hearing DIC. Accordingly, the prayer of the allottees is rejected. An opportunity however is given to the allottees to make payment of balance sum by 8th April, 2014. In default, the Official Liquidator will forthwith take possession of plots 37 and 38, Loni Industrial Estate, DIC, Gaziabad with police help, if necessary.
Matter to appear in the list on 11th April, 2014.
Urgent certified photocopy of this order be supplied to the parties, if applied for, upon compliance of all requisite formalities.
( PATHERYA, J.) pa