Full Judgment
ORDER
SHEET CA No.422 of 2013 CP No.91 of 1973 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE RE: NATOBAR DUTTA PROPERTIES P LTD.(IN LIQN.) AND RE: JUDHISTHIR DUTTA AND ANUPAMA DEY BEFORE: The Hon'ble JUSTICE HARISH TANDON Date :
4. h September, 2013.
Mr.Mohit Gupta, Adv.Mr.Shameek Chakraborty, Adv.Ms.Ruxmini Basu Roy, Adv..for the applicant Ms.Smita Das De, Adv..for Official Liquidator Mr.Mainak Bose, Adv..for Ranjana Dutta Miss.
Iti Dutta, Adv.Mr.A.Chatterjee, Adv.Mrs.P.Jain, Adv..for Ashim Dutta.
Mr.Sachin Shukla, Adv..for K.C.Dutta.
Mr.Arnab Dutta, Adv..for Rama Dutta.
The Court: This is an application at the instance of one of the occupants of the premises no.14B, Amritlal Bose Street, Kolkata-700 005.
The said premises No.14B, Amritlal Bose Street, Kolkata-700 005, is the property owned by the company (in liquidation).The assets of the company were put on sale.
Several orders were passed by the Company Court inviting offers not only from the outsiders but also from the occupants of the respective premises being the assets of company (in liquidation).Against one of such ordeRs.the matter was carried to a Division Bench.
By an order dated 28th February, 2013, the Division Bench directed the Official Liquidator to give notice to all the occupants of the properties of the company (in liquidation) irrespective of their status to be present before the Hon’ble Single Bench.
It was further observed that upon the evaluation made by the Official Liquidator, the Hon’ble Single Bench shall consider the same and fix the amount for the portion occupied by the respective occupant and shall also intimate the said occupant to deposit the amount within thirty days from the date.
The rest of the occupants who are not willing to deposit the amount were directed to be removed through police help.
By an order dated 14th June, 2013, this Court confirms the sale in respect of the properties of the company (in liquidation) except the premises no.14B, Amritlal Bose Street, Kolkata-700 005.
The present applicant is one of such occupant whose husband was represented before the Company Court on 4th January, 2013.
The applicant says that she may be given some time to remain in occupation because of the acute medical condition of her husband who was represented on 4th June, 2013 before the Company Court.
The document annexed to the application shows that the husband Tapan Kumar Dey was suffering since the month of October, 2012.
The applicant was well aware of the orders passed from time to time that she is required to vacate the premises.
This Court, therefore, does not find any reason to permit the petitioner to remain in premises.
At this juncture, learned Counsel appearing for the applicant submits that at least two weeks time may be given to the applicant to vacate the said premises because of the ensuing examinations of her daughter.
The aforesaid prayer has not been opposed by the parties appearing in the matter.
This Court, therefore, directs the Official Liquidator not to take possession from the applicant till 22nd September, 2013.
If the applicant does not vacate on or before 22nd September, 2013, the Official Liquidator shall forthwith take possession with the help of the police without giving any notice to the applicant.
Let this application appear on 23rd September, 2013 when the Official Liquidator shall submit the report disclosing the fact that the applicant has vacated the premises or not.
Let this matter appear on 23rd September, 2013.
This order shall not stand in the way of the Official Liquidator to take steps against the other occupants than the applicant on the basis of the notice already served upon the occupant of the said premises no.14B, Amritlal Bose Street, Kolkata”
005.
(HARISH TANDON, J.) dg2