Calcutta High Court (Appellete Side)
The Investors & Marketing Members' ... vs Union Of India & Ors on 7 September, 2017
Author: Aniruddha Bose
Bench: Aniruddha Bose
01 07.09.2017 W.P No. 24110(W) of 2016
NB
The Investors & Marketing Members' Welfare Society & Ors.
Vs.
Union of India & Ors.
With
W.P No. 1478(W) of 2017
With
W.P No. 2134(W) of 2017
With
W.P No. 2836(W) of 2017
With
W.P No. 14592(W) of 2017
With
W.P No. 18549(W) of 2017
With
W.P No. 18551(W) of 2017
With
W.P No. 18555(W) of 2017
Mr. Sardar Amjad Ali (Sr. Adv.),
Mr. Subir Sabud,
Ms. Masum Ali Sardar.
Ms. Sushmita Ghosh,
...for the petitioners.
Mr. K. C. Das,
Mr. Sk. L. Ali.
...for the petitioner in W.P. 2836(W)/2017.
Mr. T. Hossain,
Ms. Sibani Bhagat.
...for the petitioners in W.P.1478(W)/2017.
Mr. Garia Faruque Hossain,
Ms. Sanchayita De.
...for the petitioner in W.P.2134(W)/2017
Mr. Indranil Roy,
Mr. Biswajit Manna.
...for the respondent no.29 in W.P.
18549(W)/2017, W.P.18551(W)/2017, W.P. 8555(W)/2017.
Mr. Manas Dasgupta ...for the respondent nos.18,20,21&22 in W.P. 24110(W)/2016.
Mr. Amitesh Banerjee (Sr. Standing Counsel), Mr. Tulsi Das Roy, Mr. Moloy Roy.
...for the State.
Mr. Tapan Kumar Mukherjee (AGP), Mr. Tulsi Das Ray.
...for the State in W.P. 2836(W)/2017. Mr. Prasanta Kumar Dutt, Mr. Susanta Kumar Dutt, Mr. Syamantak Banerjee.
...for SEBI.
Mr. Partha Ghosh ...for UOI in W.P.14592/2017.
Ms. Ruma Sikdar ....for the official liquidator. Ms. Sabita Roy ...for UOI in W.P. 1478(W) of 2017. Mr. Subrata Roy ...for UOI in W.P. 18851(W) of 2017. A supplementary affidavit has been filed by Mr. Ali's client. Let the same be kept with records.
We are apprised by Ms. Sikdar, learned Counsel representing the Official Liquidator that Greenage Food Products Ltd., one of the components of Pincon Group is in liquidation and the Official Liquidator has taken possession of the registered office of the company. Her compliant is that the contributories are not filing their statements of affairs.
Mr. Ali, learned Senior Counsel appearing for the writ petitioners in W.P. 24110(W) of 2016 brings to our notice that there are five other companies of the same group and repayment to the investors was being made, inter alia, through Pincon Spirit Ltd., being one of the companies of the Group. Learned Counsel appearing for the Pincon Spirit Ltd. however submits that they are not part of the Pincon Group. For effective adjudication of these writ petitions, we direct the respondent nos. 18 to 23 to disclose their list of shareholders as well as the names and identities of their directors and extent of shareholding of each of them before this Court on 20th September, 2017.
In the event any of these shareholders themselves are incorporated companies, then the names of individuals who are in effective control of these companies shall also be disclosed. The disclosure should be certified by the auditors of these companies. We shall consider these writ petitions for passing appropriate order on the next date of hearing.
Let these matters be listed on 20th September, 2017. (Aniruddha Bose, J.) (Joymalya Bagchi, J.)