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MartIn Burn Ltd. and ors. Vs. the Official Liquidator and anr. - Court Judgment

SooperKanoon Citation

Court

Kolkata High Court

Decided On

Judge

Appellant

MartIn Burn Ltd. and ors.

Respondent

The Official Liquidator and anr.

Excerpt:


.....official liquidator concerning the assets of the company also shall not be done without leave of this court. i am passing this order considering the fact that doubt has been expressed as regards validity of the orders passed concerning the company in liquidation subsequent to 16th september, 1983 in the order of an hon’ble single judge of this court on 7th may, 2010. the report of the chief judge, city civil & sessions court, calcutta dated 30th november, 1998 a copy of which has been produced before me also contains observations to this effect:“my enquiry reveals that angelo brothers ltd.is and was always a rich company and was a victim of conspiracy for having been wound up on extremely flims.grounds. according to mr.hoon the value of the present assets of the angelo brothers would be well over rupees 200 crores. the records tend to show that there has been multi-crores unwarranted loots of angelo brothers ltd.assets. i am of the view that the facts and circumstances of the case swing in favour of holding a thorough and effective enquiry and investigation by cbi in order to bring out the real truth and if the enquiry is held by cbi many things will come up on the surface. c.....

Judgment:


ORDER

SHEET SHEET NO.1 CA No.342 of 1998 With CP No.90 of 1983 CA No.431 of 2012 IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE IN THE MATTER OF:MARTIN BURN LTD.& ORS.Versus THE OFFICIAL LIQUIDATOR & ANR.

BEFORE: The Hon'ble JUSTICE ANIRUDDHA BOSE Date :

6. h August, 2012.

Appearance:Mr.N.S.Hoon appears in person.

Mr.D.Dutta, Advocate with Ms.M.Sen,Advocate.

The Court:-Heard Mr.Hoon and learned Counsel appearing for the Official Liquidator.

For a period of one month let no further payment be made from the funds of the company in liquidation by the Official Liquidator without leave of this Court.

Any further transaction by the Official Liquidator concerning the assets of the company also shall not be done without leave of this Court.

I am passing this order considering the fact that doubt has been expressed as regards validity of the orders passed concerning the company in liquidation subsequent to 16th September, 1983 in the order of an Hon’ble Single Judge of this Court on 7th May, 2010.

The report of the Chief Judge, City Civil & Sessions Court, Calcutta dated 30th November, 1998 a copy of which has been produced before me also contains observations to this effect:“My enquiry reveals that Angelo Brothers LTD.is and was always a rich company and was a victim of conspiracy for having been wound up on extremely fliMs.grounds.

According to Mr.Hoon the value of the present assets of the Angelo Brothers would be well over Rupees 200 Crores.

The records tend to show that there has been multi-crores unwarranted loots of Angelo Brothers LTD.assets.

I am of the view that the facts and circumstances of the case swing in favour of holding a thorough and effective enquiry and investigation by CBI in order to bring out the real truth and if the enquiry is held by CBI many things will come up on the surface.

C B I enquiry will also help to stop destruction of Angelo Brothers having more than Rs.200 crores assets.”

Let Mr.Hoon engage a chartered accountant of his choice who shall inspect the accounts of the company in liquidation at the office of the Official Liquidator with prior intimation of 48 houRs.Such inspection shall be conducted during the official hours on any working day.

This matter shall be listed on 7th August, 2012 at 3.30 P.M.All parties concerned are to act on a photostat signed copy of this order on the usual undertakings.

(ANIRUDDHA BOSE, J.) nm A.R.(C.R.)


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