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Appellant Vs. Respondent

Appellant vs Respondent

Type Court Judgment Court Kolkata Decided Oct 28, 2013
~2 min read
https://sooperkanoon.com/case/1096605

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Citation
Court
Kolkata High Court
Judge
Decided On
Subject
Right to Information

Case Summary

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

Right to Information

Key legal issue
Right to Information

Parties & Advocates

Appellant / Petitioner

Appellant

Respondent

Respondent

Excerpt

.....and apot no.534 of 2013 ca no.420 of 2013 cp no.62 of 2013 in the matter of: m/s.modern infra projects india ltd.and m/s.ridhi sidhi merchants private limited & anr. appearance: mr.avik datta, adv.…for the appellant mr.saubhik chowdhury, adv.…for l. & t finance limited ms.ruma sikdar, adv.…for the official liquidator 2 before: the hon'ble justice dipankar datta and the hon'ble justice joymalya bagchi date : 28th october, 2013 (vacation bench) the court: the order dated 23rd september, 2013 refusing to recall the order dated 29th july, 2013 has been appealed against. we find that by the order dated 29th july, 2013, the company was formally wound up and the official liquidator was directed to take steps for taking possession of the assets of the company. it is submitted on behalf of the official liquidator that the registered office of the company has already been taken possession of. learned counsel appearing on behalf of the secured creditors submits that they have already made their application before the official liquidator. we have perused the impugned order. we do not find any illegality or irregularity so as to interfere therein. it is apposite to mention that the order dated 29th july, 2013 directing the company to be formally wound up has not been appealed against. for the aforesaid reason, the appeals (apot no.532 of 2013, apot no.533 of 2013 and apot no.5342 of 2013) stand dismissed. 3 photocopies of this order duly counter signed by an officer of this court shall be retained with the records of apot no.533 of 2013 and apot no.534 of 2013. urgent certified photocopies of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities. (dipankar datta, j.) (joymalya bagchi, j.) kc./b.pal

Full Judgment

ORDER

SHEET IN THE HIGH COURT AT CALCUTTA ORIGINAL JURISDICTION APOT No.532 of 2013 CA No.421 of 2013 CP No.61 of 2013 In the matter of: M/S.MODERN INFRA PROJECTS INDIA LTD.AND M/S.RISING BUILDCo.LIMITED & ANR.

AND APOT No.533 of 2013 CA No.416 of 2013 CP No.63 of 2013 In the matter of: M/S.MODERN INFRA PROJECTS INDIA LTD.AND M/S.DHANALAXMI MERCANTILE PRIVATE LIMITED & ANR.

AND APOT No.534 of 2013 CA No.420 of 2013 CP No.62 of 2013 In the matter of: M/S.MODERN INFRA PROJECTS INDIA LTD.AND M/S.RIDHI SIDHI MERCHANTS PRIVATE LIMITED & ANR.

Appearance: Mr.Avik Datta, Adv.…for the appellant Mr.Saubhik Chowdhury, Adv.…for L.

& T Finance Limited Ms.Ruma Sikdar, Adv.…for the Official Liquidator 2 BEFORE: The Hon'ble JUSTICE DIPANKAR DATTA AND The Hon'ble JUSTICE JOYMALYA BAGCHI Date : 28th October, 2013 (Vacation Bench) The Court: The order dated 23rd September, 2013 refusing to recall the order dated 29th July, 2013 has been appealed against.

We find that by the order dated 29th July, 2013, the company was formally wound up and the Official Liquidator was directed to take steps for taking possession of the assets of the company.

It is submitted on behalf of the Official Liquidator that the registered office of the company has already been taken possession of.

Learned counsel appearing on behalf of the secured creditors submits that they have already made their application before the Official Liquidator.

We have perused the impugned order.

We do not find any illegality or irregularity so as to interfere therein.

It is apposite to mention that the order dated 29th July, 2013 directing the company to be formally wound up has not been appealed against.

For the aforesaid reason, the appeals (APOT No.532 of 2013, APOT No.533 of 2013 and APOT No.5342 of 2013) stand dismissed.

3 Photocopies of this order duly counter signed by an officer of this court shall be retained with the records of APOT No.533 of 2013 and APOT No.534 of 2013.

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

(DIPANKAR DATTA, J.) (JOYMALYA BAGCHI, J.) kc./B.Pal

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Same Court & Year Kolkata · 2013 Same Parties Appellant vs Respondent Same Subject Right to Information Same Judge Dipankar Datta
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