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Calcutta High Court

Barasat Basirhat Light Rly. Co. Ltd.(In ... vs Dhirendra Nath Maity & Another on 14 January, 2009

Author: Maharaj Sinha

Bench: Maharaj Sinha

                               CA No.725 of 2008
                                      with
                               CP No. 121 of 1956
                         IN THE HIGH COURT AT CALCUTTA
                                  ORIGINAL SIDE


                               IN THE MATTER OF:
                 BARASAT BASIRHAT LIGHT RLY. CO. LTD.(IN LIQN.)
                                     Versus
                         DHIRENDRA NATH MAITY & ANOTHER
                                     Versus
                         The O/L, High Court, Calcutta.




    For Plaintiff/Petitioner : MR. MANI BHUSAN SARKAR, Adv.
                               MR. MANOJ KUMAR ROY, Adv.

    For Defendant/Respondent   : MR. RONOJIT CHOWDHURY, Adv.

BEFORE:

The Hon'ble JUSTICE MAHARAJ SINHA Date : 14th January, 2009.
The Court :- It is submitted by the learned Senior Counsel Mr. Sarkar appearing in support of the application for recalling of the order of dismissal dated 20th November, 2008 that the application for obtaining leave to file suit under Section 446 of the Companies Act was dismissed as none appeared in support of the application when the matter was called on for hearing.
After hearing Mr. Sarkar, I am prima facie satisfied that the sufficient explanations have been provided as to why nobody appeared in support of the application when the same was called on for hearing and was dismissed. Thus, the order of dismissal is recalled.
Let the matter appear on January 19 2009 as "Company Matter Adjourned".
Mr. Chowdhdury, however, is present on behalf of Official Liquidator as he was on the last occasion.
The application is disposed of.
2
There will be no order as to costs.
All parties are to act on a xerox signed copy of this order on the usual undertakings.
(MAHARAJ SINHA, J.) snn.