Dipak Kumar Himatsingka and ors. Vs. Rakesh Himatsingka and ors.

Dipak Kumar Himatsingka and ors. vs Rakesh Himatsingka and ors.

Type Court Judgment Court Kolkata Decided Sep 17, 2010

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https://sooperkanoon.com/case/906029

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Citation: sooperkanoon.com/906029
Court: Kolkata High Court
Judge: Bhattacharya, ; Dr. Sambuddha Chakrabatri, J J.
Decided On: Sep 17, 2010
Case Number: GA No. 2857 of 2010
Subject: Land Acquisition

Case Summary

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

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

Dipak Kumar Himatsingka and ors.

Advocate Mr. Deepak Jain, ; Mr. Abhrajit Mitra ; Ms. R. Kajaria, Advs.

Respondent

Rakesh Himatsingka and ors.

Advocate Mr. R.Deb, Sr ; Mr. A.Banerjee, Advs.

Excerpt

the court : by this application, the applicants have, inter alia, prayed for leave to the company to enhance its paid-up capital to rs.5,00,000/- and to file annual return for the financial years 2006-07, 2007-08 and 2008-09. after hearing the learned counsel for the parties, we are of the view that in view of the amendment brought about in section 3(1)(iv) of the companies act, 1956 by the companies (amendment) act, 2010, the prayer of the applicants is a reasonable one. after hearing mr. deb, learned counsel for the respondent nos. 1 to 5, we are of the view that those disputes can be resolved by directing the parties to enhance the capital value of the applicants to rs.5,00,000/- by directing the respondents/defendants 1-5 to pay their shares for the balance amount. let this order be given effect to within a month from today. on deposit of the amount of the said respondents share, the applicants will give bank guarantee to the extent of rs.1,80,000/- with the registrar, original side of this court. this order will abide by the final order that will be passed in this appeal. the bank guarantee shall be deposited within fortnight of the deposit of the amount by the respondent nos.1-5. if the respondent nos.1-5 fail to comply with the requirement of enhancement of paid-up capital, as indicated in this order, within the time fixed by this order, the applicants and the company will be at liberty to take appropriate steps against the respondents 1-5 in accordance with the provisions of the companies act. all notices in this regard be served upon the learned advocate-on-record for the said respondents. the order of status quo impugned in this appeal is modified only to the extent indicated above. the application is, thus, disposed of. photostat certified copy of this order be made available to the parties upon compliance of usual formalities.

Full Judgment

THE COURT : By this application, the applicants have, inter alia, prayed for leave to the Company to enhance its paid-up capital to Rs.5,00,000/- and to file annual return for the financial years 2006-07, 2007-08 and 2008-09. After hearing the learned counsel for the parties, we are of the view that in view of the amendment brought about in Section 3(1)(iv) of the Companies Act, 1956 by the Companies (Amendment) Act, 2010, the prayer of the applicants is a reasonable one.

After hearing Mr. Deb, learned counsel for the respondent Nos. 1 to 5, we are of the view that those disputes can be resolved by directing the parties to enhance the capital value of the applicants to Rs.5,00,000/- by directing the respondents/defendants 1-5 to pay their shares for the balance amount. Let this order be given effect to within a month from today. On deposit of the amount of the said respondents share, the applicants will give bank guarantee to the extent of Rs.1,80,000/- with the Registrar, Original Side of this Court.

This order will abide by the final order that will be passed in this appeal. The bank guarantee shall be deposited within fortnight of the deposit of the amount by the respondent Nos.1-5. If the respondent Nos.1-5 fail to comply with the requirement of enhancement of paid-up capital, as indicated in this order, within the time fixed by this order, the applicants and the company will be at liberty to take appropriate steps against the respondents 1-5 in accordance with the provisions of the Companies Act. All notices in this regard be served upon the learned Advocate-on-record for the said respondents.

The order of status quo impugned in this appeal is modified only to the extent indicated above. The application is, thus, disposed of. Photostat certified copy of this order be made available to the parties upon compliance of usual formalities.

Same Court & Year Kolkata · 2010 Same Parties Dipak Kumar Himatsingka and ors. vs Rakesh Himatsingka and ors. Same Subject Land Acquisition Same Judge Bhattacharya, ; Dr. Sambuddha Chakrabatri, J J.