Calcutta High Court
India Power Corporation Ltd & Dpsc Ltd vs Pradyumna Sinha And Ors on 20 March, 2023
Author: Ravi Krishan Kapur
Bench: Ravi Krishan Kapur
OD-8
IN THE HIGH COURT AT CALCUTTA
Original Jurisdiction
ORIGINAL SIDE
IA NO. CA/6/2023
In CP/206/2012
IN THE MATTER OF :
INDIA POWER CORPORATION LTD & DPSC LTD
Vs
PRADYUMNA SINHA AND ORS
VS
SECURITIES EXCHANGE BOARD OF INDIA
BEFORE:
The Hon'ble JUSTICE RAVI KRISHAN KAPUR
Date : 20th March, 2023
Appearance:
Mr. Surajit Nath Mitra, Sr. Adv.
Mr. Anuj Singh, Adv.
Mr. S. Ganguli, Adv.
Mr. Sourajit Dasgupta, Adv.
Mr. A. Chowdhury, Adv.
Mr. Tilak Bose, Sr. Adv.
Mr. P. K. Dutta, Adv.
Mr. S. K. Dutt, Adv.
Mr. S. Banerjee, Adv.
...for the SEBI
The Court:- This is an application for correction of an order dated 7th
February, 2023. It is submitted on behalf of the applicant that there is an
inadvertent recording in the submissions of the applicant in the order dated 7th
February, 2023 in CA/5/2022.
The submission of the applicant that "they have no objection in changing
the signatories to the dematerialized account of the Trust" is incomplete. In fact,
it was submitted on behalf of the applicant that "they have no objection in
2
changing the signatories to the dematerialized account of the Trust, if SEBI
being a respondent herein agrees to the same".
It is also submitted that at paragraph 5 at page 6 of the order dated 7th February, 2023, the reference to the proceedings initiated by the applicant was against the company under the Insolvency Code, 2016.
SEBI is represented and does not object to the aforesaid corrections. In view of the aforesaid, the order dated 7th February, 2023 is modified to that extent that the contention of the applicant that they have no objection in changing the signatories to the dematerialized account of the Trust is suitably modified to read as "the applicant Ashika does not object in changing the signatories to the dematerialized account of the Trust in case SEBI permits such change". It is also clarified that the applicant has initiated a proceeding under the Insolvency Code, 2016 against the company and not against the Trust.
The order dated 7th February, 2023 is corrected to the aforesaid extent only.
(RAVI KRISHAN KAPUR, J.) S.Bag