Calcutta High Court
A. Talukdar & Co. (Fertilizer) Pvt. Ltd vs The Official Liquidator & Ors on 5 January, 2011
Author: Sengupta
Bench: Sengupta
IN THE HIGH COURT AT CALCUTTA
Civil Appellate Jurisdiction
Original Side
Present :
The Hon'ble Justice Sengupta
And
The Hon'ble Justice Asim Kumar Ray
05.01.2011
C.A. 832 of 2010
APOT 666 of 2010
ACO 176 of 2010
CP 12 of 1998
In the matter of :
A. Talukdar & Co. (Fertilizer) Pvt. Ltd.
& Ors.
And
The Official Liquidator & Ors.
Mr. A.K. Mitra, Sr.Advocate for the Company (in Liqn.)
Mr. Ahin Chowdhury, Sr. Advocate for the private respondent
Mr. Ranajit Chowdhury, Advocate for the Official Liquidator The Court :- There will be an order in terms of prayers (a) and (b). Having heard the parties we feel that following order will sub-serve the interest of justice. It is better for Mr. Mitra's client to approach the Hon'ble Trial Judge since no order was passed in the recalling application. To enable his client to do so we keep the operation of the judgment and order in abeyance for a period of three weeks from date. It would be open for Mr. Mitra's client to take all points to challenge the aforesaid order. It would also be open for Mr. Chowdhury's client to oppose this application taking all points. The learned Civil Court will proceed without prejudice to the rights and contentions of the parties and such proceedings shall abide by the result of the application which may be filed by Mr. Mitra's client. 2
It is made clear that in the event no application is filed it would be presumed that they have no grievance as against the interim order. Thus the application and the appeal are disposed of with aforesaid observation.
All parties shall act on a xerox signed copy of this order on usual undertakings.
(Sengupta, J.) (Asim Kumar Ray, J.) ANC.