Full Judgment
ORDER
SHEET APO NO.392 OF 201.ACO NO.163 OF 201.IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE KRISHNA KUMAR SINGHANIA & ORS.Versus QUALITY ALLEN PHARMA PVT.LTD.& ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date :
16. h May, 2012.
Mr.J.Saha, Mr.S.Banerjee, Mr.S.Ghosh…appear.
Mr.S.Banerjee, Mr.G.Patra…appear.
The Court : The order dated 12th April, 2012 was mentioned yesterday by Mr.S.Ghosh, learned counsel for the appellants.
In those circumstances, I had directed this Company Law Board appeal to appear as “To Be Mentioned”.
today.
Today, it is submitted by Mr.J.Saha, learned counsel for the appellants that on 12th April, 2012, a fiRs.call was made of the list.
Mr.Ghosh appeared for the appellants and asked for adjournment.
On such prayer the appeal was made “not Today”.Subsequently, a second call was made when the appeal was called on again.
Since the appeal had been adjourned at the fiRs.call, the learned counsel for the appellants had no obligation to be present in Court, it is submitted.
At the second call, the appeal was dismissed for default.
The interim order was vacated.
According to the appellants they came to knot about the order dated 12th April, 2012 on circulation of a notice convening a General Meeting of the company on 21st May, 2012.
In those circumstances, the appeal and order were mentioned and directed to be placed in the list as “To Be Mentioned”.A prayer is made for setting aside or recall of the order dated 12th April, 2012.
This is opposed by the learned counsel for the respondent.
He disputes the statements narrated above.
He submits that a formal application be made.
It is a long-standing convention of our Court to believe the statements made by learned counsel.
Although, the minutes of this Court, which I have examined, are silent on what happened at the fiRs.call, I tend to believe, for the time being the statements made from the bar.
But, however, a formal application needs to be made by the appellants for setting aside or recall of the order dated 12th April, 2012.
The interim order of 11th October, 2010, inter alia, restrained convening and holding of this meeting.
Since the meeting is scheduled to be held on 21st May, 2012 and notices have been issued, I will not stop the meeting.
Let no effect be given to the resolution till 15th June, 2012 or until further ordeRs.whichever is earlier.
The appellants are directed to file the necessary application by 4th June, 2012.
All parties concerned are to act on a signed photocopy of this order on the usual undertakings.
(I.
Pkd.P.MUKERJI, J.)