Sandeep Kumar Tyagi and anr Vs. the O/L and anr

Sandeep Kumar Tyagi and anr vs The O/L and anr

Type Court Judgment Court Kolkata Decided Jul 18, 2012

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https://sooperkanoon.com/case/1060332

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Citation: sooperkanoon.com/1060332
Court: Kolkata High Court
Judge: Sanjib Banerjee
Decided On: Jul 18, 2012
Subject: Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

Sandeep Kumar Tyagi and anr

Respondent

The O/L and anr

Excerpt

.....august 7, 2012 and payable by the 7th day of the twelve succeeding months. the payment should be tendered to the official liquidator by way of banker’s cheque or demand draft or pay order, not being a personal cheque. in default of payment of any instalment, even by a day, the official liquidator will be at liberty to immediately take possession of the relevant properties in loni, ghaziabad. the official liquidator should also take steps to recover the amount of about rs.9.96 lakh from the district industries centre, ghaziabad, but the failure on the part of the official liquidator to realise such money will not stand in the way of the applicant meeting its obligation to pay in terms of this order. in the event the money is realised by the official liquidator from dic, ghaziabad, within the next twelve months, the official liquidator will give credit to the applicant for such sum in the last instalment. ca no.410 of 2012 is disposed of without any order as to costs. since no affidavit has been called for, the allegations should not be deemed to have been admitted by the contributories. urgent certified photocopies of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities. (sanjib banerjee, j.) kc. ar(cr)

Full Judgment

CA No.410 of 2012 CP No.348 of 2003 IN THE HIGH COURT AT CALCUTTA ORIGINAL JURISDICTION IN THE MATTER OF: M/S HOOGHLY INK COMPANY (DELHI) P.

LTD.(IN LIQN.) -ANDIN THE MATTER OF: SANDEEP KUMAR TYAGI & ANR -VSTHE O/L & ANR BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :

18. h July, 2012.

APPEARANCE: Mr.S.B.

Mookerji, Sr.Adv.Mr.Nilay Sengupta, Adv.Ms.Ruma Sikdar, Adv.Ms.S.Dey, Adv.The Court : CA No.410 of 2012 is an application for modification of the order dated April 18, 2012 by which the applicant was directed to make payment of a total amount of Rs.65 lakh in instalments.

The applicant has defaulted in making payment of some instalments and has sought an extension of the time to make the payment.

It is submitted on behalf of the applicant and the Official Liquidator that a total amount of Rs.14,56,000/- has been paid by the applicant.

Since the original amount required to be paid was Rs.65 lakh, a sum of Rs.56,44,000/- remains to be paid.

Such amount of Rs.56,44,000/- be paid in 13 equal or nearly equal monthly instalments beginning August 7, 2012 and payable by the 7th day of the twelve succeeding months.

The payment should be tendered to the Official Liquidator by way of banker’s cheque or demand draft or pay order, not being a personal cheque.

In default of payment of any instalment, even by a day, the Official Liquidator will be at liberty to immediately take possession of the relevant properties in Loni, Ghaziabad.

The Official Liquidator should also take steps to recover the amount of about Rs.9.96 lakh from the District Industries Centre, Ghaziabad, but the failure on the part of the Official Liquidator to realise such money will not stand in the way of the applicant meeting its obligation to pay in terms of this order.

In the event the money is realised by the Official Liquidator from DIC, Ghaziabad, within the next twelve months, the Official Liquidator will give credit to the applicant for such sum in the last instalment.

CA No.410 of 2012 is disposed of without any order as to costs.

Since no affidavit has been called for, the allegations should not be deemed to have been admitted by the contributories.

Urgent certified photocopies of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(SANJIB BANERJEE, J.) kc.

AR(CR)

Same Court & Year Kolkata · 2012 Same Parties Sandeep Kumar Tyagi and anr vs The O/L and anr Same Subject Education Same Judge Sanjib Banerjee