RobIn Paul Vs. the Official Liquidator

RobIn Paul vs The Official Liquidator

Type Court Judgment Court Kolkata Decided Feb 17, 2014

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https://sooperkanoon.com/case/1127046

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Citation: sooperkanoon.com/1127046
Court: Kolkata High Court
Judge: Nadira Patherya
Decided On: Feb 17, 2014
Subject: MRTP

Case Summary

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

MRTP

Key legal issue: MRTP

Parties & Advocates

Appellant / Petitioner

RobIn Paul

Respondent

The Official Liquidator

Excerpt

.....upon. on adjudication of the said claims by the official liquidator payments have been made by the special officer. thereafter no claim has been received by the official liquidator. therefore, it stands to reason that there are no other unsecured creditors of the company. a secured creditor viz. united bank of india has lodged a claim on account of security expenses with the official liquidator. the official liquidator also has borne some security charges and seeks reimbursement for such sum. sums are outstanding to the workmen. a bill has also been raised on account of electricity charges which is outstanding and for which the electrical connection was disconnected to the factory premises of the company. sums have also been claimed by the licensing company. let the said claim be considered by the special officer and 50% be paid in case sums are found due and payable and upon payment of the said 50% let supply be restored to the factory. for purposes of the balance payment the matter will appear in the list a fortnight hence so that over a period of time the said sum can be liquidated in instalments. the workmen who have supported the scheme submitted by the contributory have also sums due and owing to them. let such sums be also adjudicated by the special officer and 25% of the claim of the workmen be also distributed. for the balance sum the matter as mentioned above will appear after a fortnight. special officer and all parties to act on a photostat signed copy of this order on the usual undertakings. ( patherya, j.) pa

Full Judgment

ORDER

SHEET CA No.36 of 2014 With CP No.324 of 2001 CA No.173 of 2008 CA No.293 of 2004 CA No.314 of 2008 CA No.419 of 2006 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction IN THE MATTER OF: NEW RED BANK TEA Co.PVT.LTD.(IN LIQN.) AND ROBIN PAUL VS THE OFFICIAL LIQUIDATOR BEFORE: The Hon'ble JUSTICE PATHERYA Date : 17th February, 2014.

Mr.P.C.Sen, Sr.Advocate, Mr.A.Mitra for the petitioner.

Mr.M.C.

Ghose, Mrs.Mithua Sen for the Official Liquidator.

The Court : In the order dated 15th March, 2011 it has been recorded that advertisements had been issued by the Official Lqiudaitor inviting claiMs.Some claims had been received and adjudicated upon.

On adjudication of the said claims by the Official Liquidator payments have been made by the Special Officer.

Thereafter no claim has been received by the Official Liquidator.

Therefore, it stands to reason that there are no other unsecured creditors of the company.

A secured creditor viz.

United Bank of India has lodged a claim on account of security expenses with the Official Liquidator.

The Official Liquidator also has borne some security charges and seeks reimbursement for such sum.

Sums are outstanding to the workmen.

A bill has also been raised on account of electricity charges which is outstanding and for which the electrical connection was disconnected to the factory premises of the company.

Sums have also been claimed by the licensing company.

Let the said claim be considered by the Special Officer and 50% be paid in case sums are found due and payable and upon payment of the said 50% let supply be restored to the factory.

For purposes of the balance payment the matter will appear in the list a fortnight hence so that over a period of time the said sum can be liquidated in instalments.

The workmen who have supported the scheme submitted by the contributory have also sums due and owing to them.

Let such sums be also adjudicated by the Special Officer and 25% of the claim of the workmen be also distributed.

For the balance sum the matter as mentioned above will appear after a fortnight.

Special Officer and all parties to act on a photostat signed copy of this order on the usual undertakings.

( PATHERYA, J.) pa

Same Court & Year Kolkata · 2014 Same Parties RobIn Paul vs The Official Liquidator Same Subject MRTP Same Judge Nadira Patherya