Calcutta High Court (Appellete Side)
Welfare Society & Ors vs Uoi & Ors on 23 April, 2019
23.04.2019
36 to 51
Ct. No. 238
as/akd
W.P. 24110(W) of 2016
With
CAN 1752 of 2019
The Investors & Marketing Members'
Welfare Society & Ors.
Vs.
UOI & Ors.
with
W.P.1478(W) of 2017
Hussain Ali & Ors.
Vs.
State & Ors.
With
W.P. 2134 of 2017
Rita Sarkar & Ors.
Vs.
UOI & Ors.
with
W.P. 2836(W) of 2017
Namai Majhi & Ors.
Vs.
UOI & Ors.
with
W.P. 14592(W) of 2017
Gurupada Samanta
Vs.
UOI & Ors.
with
W.P. 18549(W) of 2017
Kashinath Kundu & Anr.
Vs.
UOI & Ors.
with
W.P. 18551(W) of 2017
Gopal Chandra Khamari & Anr.
Vs.
UOI & Ors.
with
W.P. 18555(W) of 2017
Malay Kumar Giri & Anr.
Vs.
UOI & Ors.
with
W.P. 30734(W) of 2017
Purnendu Das & Ors.
Vs.
UOI & Ors.
with
W.P. 21911(W) of 2017
Birendra Nath Koyal
Vs.
UOI & Ors.
with
W.P. 3572(W) of 2018
Sagida Begum
Vs.
UOI & Ors.
With
W.P. 444(W) of 2019
Monoranjan Manna & Ors.
Vs.
UOI & Ors.
With
W.P. 3899(W) of 2019
Satya Jaiswal & Ors.
Vs.
UOI & Ors.
with
W.P. 3901(W) of 2019
Satyadev Jaiswal & Ors.
Vs.
UOI & Ors.
With
W.P. 1202(W) of 2017
Amit De & Ors.
Vs.
State & Ors.
With
W.P. 498 of 2018
Amar Nath Roy
Vs.
State & Ors.
Sardar Amjad Ali, Sr. Adv.
Mr. Subir Sabud
.... for the petitioners
(in W.P. 24110(W) of 2016).
Md. Taimur Hossain,
Ms. Sibani Bhagat
... for the petitioners
(in W.P. 1478(W) of 2017).
Mr. S. Chakraborty,
Mr. Amit Chowdhury.
... for the petitioners
(in W.P. 18549(W) of 2017
W.P. 18551(W) of 2017
&
W.P. 18555(W) of 2017).
Mr. Debabrata Karan,
Mr. Debapriyo Karan
... for the petitioner
(in W.P. 21911(W) of 2017
&
W.P. 21911(W) of 2017)
Mr. Srikanta Datta
... for the petitioner (in W.P. 3572(W)
of 2018).
Ms. Nandini Mitra,
Mr. Triptimoy Talukdar,
Mr. Arun Kr. Das.
...for the petitioner in W.P.498 of 2018.
Ms. Ruma Sikdar,
Mr. Subhadip Biswas.
... for Official Liquidator
(in W.P. 24110(W) of 2016).
Mr. D. K. Kundu,
Mr. Arjun Basu
...for the R.B.I.
(in W.P.18551(W) of 2017 &
(in W.P. 18555(W) of 2017).
Mr. Prasanta Kumar Dutta,
Mr. Susanta Kumar Dutt,
Mr. Syamantak Banerjee
.... for the SEBI
Mr. Pinaki Bhattacharyya
.... for the UOI
(in W.P. 1478(W) of 2017)
Mr. Partha Ghosh
...for the UOI
(in W.P. 14592(W) of 2017).
Mr. Ganesh Chandra Panda
...for the UOI
(in W.P. 18555(W) of 2017.)
Mr. Asis Mukherjee
...for the UOI
(in W.P. 30734(W) of 2017).
Ms. S. Ray
...for the UOI
(in W.P. 1478(W) of 2017.)
Mr. Ashok Prasad
...for the UOI
(in W.P. 18549(W) of 2017.)
Mr. Raja Roy
...for the UOI
(in W.P. 3572(W) of 2018.)
Mr. L. Sharma
... for the respondents no.
18.
Ms. Kabita Mukherjee, Mr. Manas Dasgupta, Ms. Madhubanti Chakraborty ..... for the respondents no.
20,21,22,25,26 & 29.
Mr. Debasish Roy, Mr. M. Mukherjee ... for the respondents no.
23 & 24.
Ms. Sumitra Das ...for CBI.
Mr. Mahadeb Sarkar ...for the State.
Mr. Aniruddha Roy, Sr. Adv., Ms. Anshumala Bansal, Ms. Uditi Chopra.
...for the applicant in CAN 1752 of 2019.
Mr. Fazlur Rahman.
...for the U.O.I. in W.P.21911 (W) of 2017.
Learned advocate appearing for the petitioners submits that the list of assets attached by the Directorate of Economic Offences be submitted before this Court.
Learned advocate appearing for the Official Liquidator submits that M/s. Greenage Food Products Ltd., a group company, is in liquidation. She further submits that respondent Nos. 28 to 31 being the Directors of the Company have failed and/or neglected to disclose the assets before the Liquidator.
Learned advocate appearing for the applicant (Resolution Professional with regard to insolvency proceeding initiated against M/s. Pincon Spirits Ltd.) in CAN 1752 of 2019 submits that the time limit for resolution of insolvency has expired and further orders in relation to liquidation of the Company are awaited from the tribunal.
Learned advocate appearing for the private respondent Nos.18, 20, 21, 22, 25, 26 and 29 submits that his clients are ready and willing to disclose their personal assets.
Learned Advocate appearing for the respondent nos.23 and 24 submits that the assets of the company are sufficient to repay the depositors.
We are also informed that pursuant to an order dated 11.4.2019 passed in CRM 2561 of 2019, one Mousumi Roy, wife of respondent no.24, has deposited a sum of Rs.3 crores with the Registrar General of this court subject to further direction passed in the present proceeding.
Having heard the learned advocates appearing for the respective parties, we direct the private respondent Nos.28 to 31 to submit affidavit before the Official Liquidator with regard to the assets of M/s. Greenage Food Products Ltd. ( in liquidation).
As we are informed that the said respondents are presently in correctional home, Superintendent of concerned correctional home shall ensure that they are able to affirm/notarise the affidavit within the correctional home.
Respondent Nos.18 to 31 shall submit affidavit disclosing particulars of the assets held by them individually and/or by their Companies (except M/s. Pincon Spirits Ltd. and M/s. Greenage Food Products Ltd.) before this Court on the next date of hearing.
In the event, respondent Nos.18 to 31 are in custody, concerned Superintendent of correctional home shall facilitate affirmation/notarizing of such affidavits at the earliest.
Director of Economic Offences shall submit affidavit disclosing particulars of all assets attached by them except those of M/s. Pincon Spirits Ltd. and M/s. Greenage Food Products Ltd. and valuation thereof on the next date of hearing.
The matter is adjourned for four weeks.
(Jay Sengupta, J.) (Joymalya Bagchi, J.)