Full Judgment
CA No.178 of 2013 CP No.580 of 2000 IN THE HIGH COURT AT CALCUTTA ORIGINAL JURISDICTION In the matter of: Sutna Stone & Lime Co.LTD.(In Liqn.) And Amjad Ali versus The Official Liquidator, High Court, Calcutta BEFORE THE HON’BLE JUSTICE SANJIB BANERJEE Date: April 30, 2013 Appearance: Ms.Sucharita Biswas, Adv.Mr.Debapriya Ghosh, Adv.Mr.Ahin Chowdhury, Sr.Adv.Ms.Ruma Sikdar, Adv.…for the Official Liquidator The Court: The applicants seek leave under Section 446 of the Companies Act, 1956, for instituting a suit in this Court against the Official Liquidator for the Official Liquidator have allegedly taken possession of or attempted to take possession of a land of about 5000 sq.
ft.
at Sutna over which the applicants claim title.
The applicants had applied earlier but the leave sought was not granted since the applicants did not file any scrap of paper in support of their claim to title.
On an appeal from the relevant order, the appellate Court gave the applicants leave to apply afresh upon producing some material to indicate that the applicants were or could be said to be in possession of the land.
Copies of some voter identity cards and voters’ lists have been appended to this application.
In view of the appellate order, leave is granted to the applicants to lodge a suit in this Court in respect of such land.
It will, however, not stand in the way of the Official Liquidator to take steps in terms of the previous ordeRs.including for taking possession of the land and making over possession thereof to any person entitled thereto under any previous order notwithstanding the leave being granted by this order.
It will also be open to the successful applicants in the application under Section 466 of the Companies Act to assist the Official Liquidator in defending the suit or to apply to be impleaded in the suit itself.
CA No.178 of 2013 is allowed as above.
Nothing in this order should be understood to be the expression of any prima facie opinion of the applicants having any right to the property in question.
Since no affidavit is called for, the allegations contained in the application should not be deemed to have been admitted by any of the persons affected thereby.
There will be no order as to costs.
Urgent certified photocopies of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.
(SANJIB BANERJEE, J.) kc.