Calcutta High Court
Re: Dps Technologies Pvt. Ltd vs And Sonodyne Television Co.Ltd on 7 February, 2023
Author: Ravi Krishan Kapur
Bench: Ravi Krishan Kapur
OD-7
IN THE HIGH COURT AT CALCUTTA
Original Jurisdiction
ORIGINAL SIDE
CP/142/2010
RE: DPS TECHNOLOGIES PVT. LTD.
VS
AND SONODYNE TELEVISION CO.LTD.
BEFORE:
The Hon'ble JUSTICE RAVI KRISHAN KAPUR
Date : 7th February, 2023 Appearance:
Mr. Sakabda Roy, Adv.
Ms. Sanjana Jha, Adv.
...for HIDCO Ms. Tanushree Dasgupta, Adv.
...for the Official Liquidator The Court :- Pursuant to an order of Court, the plaint filed in CS/41/2019 is produced before this Court. It is submitted on behalf of the plaintiff HIDCO that they are no longer interested in pursuing this suit. It is also submitted by HIDCO that they intend to pursue only a monetary claim (if any) against the subsequent transferee Nathvar Tracon Private Limited.
The Official Liquidator is represented. It is submitted that by a deed of conveyance dated 3rd January, 2007 entered into by and between HIDCO and DPS Technologies Pvt. Ltd. (presently in liquidation) the premises situated at premises no. 02-360(Erstwhile Plot No. DH-6/2) at Street No. 360 in New Town measuring approximately 2603.75 sq. metres was sold by HIDCO to the company (in liquidation). Thereafter, it is alleged that the property has been fraudulently transferred to Nathvar Tracon Private Limited. 2
It is also submitted that the conveyance executed by and between HIDCO and the company (in liquidation) provides that the premises would be used solely for IT purposes.
Both HIDCO and the Official Liquidator submit that there has been violation of the mandatory conditions of the conveyance deed.
The parties are also unaware as to the exact status of the aforesaid premises.
The Official Liquidator also seeks reliefs against HIDCO insofar as the premises is concerned.
In order to ascertain the present condition of the premises, I appoint Ms. Meenakshi Manot, Advocate as a Special Officer to visit the aforesaid premises at New Town morefully described hereinabove for the limited purpose of filing a Report as to the status of the premises and as to the parties in possession.
The Special Officer shall be paid a remuneration of 2500 gms. at the first instance by HIDCO.
It is expected that a representative of HIDCO and a representative from the office of the Official Liquidator shall accompany the Special Officer during her visit to the aforesaid premises.
Let this matter appear on 14th February, 2023 for further hearing. The instruction filed by HIDCO be kept with the records.
(RAVI KRISHAN KAPUR, J.) S.Bag