Calcutta High Court
Narendra Kumar Berlia & Ors vs Om Prakash Berlia & Ors on 21 January, 2009
Author: Patherya
Bench: Patherya
GA No. 164 of 2009
CS No. 12 of 2009
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
NARENDRA KUMAR BERLIA & ORS. Plaintiff/Petitioner/Applicant
Versus
OM PRAKASH BERLIA & ORS. Defendant/Respondent
For Plaintiff/Petitioner : Mr.Abhrajit Mitra with Mr.Sarvapriya Mukherjee, Ms. Rekha Ghosh BEFORE:
The Hon'ble JUSTICE PATHERYA Date : 21st January, 2009.
The Court : This is an application filed relating to the Berlia family. There are numerous companies under the control of the said family members. The companies of the said family are situate in the cities of Mumbai, Delhi, Chennai and Calcutta.
The case of the petitioners is that to protect the interest of each of the family members in the companies orders are sought. The fact which has necessitated appointment of Receiver is the visit of the petitioner no.1's wife to Mumbai on 16th December, 2008 only to find that the padlock on the room in their possession was broken open and the room occupied by the respondent no.1 and his family members. Thereafter it has come to the knowledge of the petitioners that various companies of the said family have been treated as personal companies of the respondent nos.1 and 3 and their agents and assigns. Therefore, it is necessary to protect the interest of the petitioners in the said properties and orders are sought.
No notice of this application has been served on the respondents as the petitioners apprehend that on receipt of such notice steps 2 will be taken to regularise all the steps taken to gain control over the said family companies.
Having considered the facts of the case Mr. Ashok Kumar Roy, Advocate, Bar Library Club,1st Floor is appointed Special Officer to make inventory of the books and records including the share registers of the respondent nos.15, 16 and 18 at an initial remuneration of 1000 GMs to be paid by the petitioners at the first instance. Mr. Jnanendra Nath Banerjee, Advocate, Bar Library Club, 1st Floor is appointed Special Officer for purposes of making inventory of the books and records including the minutes of the Board meetings held and the share registers of the respondent nos.13 and 20 at an initial remuneration of 1000 GMs to be paid by the petitioners at the first instance. The inventory be also made of the assets of the respondents mentioned above. Needless to mention that travel expense of the Special Officers be borne by the petitioners. The Special Officers will file their respective reports on the next date of hearing.
There will be an order in terms of prayer (d) of the Notice of Motion and the parties will maintain status quo as regards issuance of shares or transfer of shares and Board meetings to be held.
Matter is made returnable on 3rd February, 2009. Interim order granted is to continue till 4th February, 2009.
Special Officers and all parties to act on a xerox signed copy of the minutes of this order on the usual undertakings.
( PATHERYA, J. ) pa