Nawdeep Singh Vs. Official Liquidator and anr. - Court Judgment

SooperKanoon Citationsooperkanoon.com/1126120
CourtKolkata High Court
Decided OnFeb-10-2014
JudgeANIRUDDHA BOSE
AppellantNawdeep Singh
RespondentOfficial Liquidator and anr.
Excerpt:
in the high court at calcutta ordinary original civil jurisdiction present : the hon’ble justice aniruddha bose february 10, 2014 ca401of 2013 cp90of 1983 ca342of 1998 ca431of 2012 re: angelo brothers (in liqn.) and nawdeep singh versus official liquidator & anr. mr.n.s.hoon appears for the petitioner in person mr.s.c.prasad, advocate for the official liquidator mr.s.chakraborty, advocate for the workmen the court :- in this matter, i had appointed the dig, cid as a special officer by my order dated may 17, 2013 for carrying out certain directions specified in the order passed on that date. the learned special officer has filed report dated january 30, 2014 and he has also apprised this court that on attaining the age of superannuation, he was retiring with effect from january 31, 2014. in such circumstances, he requires to be discharged as he was appointed on the basis of his designation. he shall be discharged, however, after the accounts are submitted. i have gone through the report filed by him and i am of the opinion that further enquiries are required to be carried out for the purpose ascertaining the level of misutilisation of fund which is being generated from the property of angelo brothers limited (in liquidation).before formulating effective remedial measures mr.prasad appearing for the official liquidator brought to my notice that this court is required to ascertain as to whether the company is still under liquidation or not having regard to the various orders passed by this court. that aspect of the controvers.shall be examined at a later stage. however for carrying on the work further particularly for protection of the assets of the company, i am of opinion that assistance of senior law enforcement officer would be necessary for effective implementation of the order of this court and i appoint dig, presidency range of west bengal police as a special officer in this matter. let the order passed on may 17, 2013 along with the final report of the dig, cid be made available to him by the department. let him appear before this court on monday next i.e.february 17, 2014 at 2 p.m.all parties shall act on a photostat signed copy of this order on usual undertakings. (aniruddha bose, j.) anc.
Judgment:

IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction Present : The Hon’ble Justice Aniruddha Bose February 10, 2014 CA401of 2013 CP90of 1983 CA342of 1998 CA431of 2012 Re: Angelo Brothers (in Liqn.) And Nawdeep Singh versus Official Liquidator & Anr.

Mr.N.S.Hoon appears for the petitioner in person Mr.S.C.Prasad, Advocate for the Official Liquidator Mr.S.Chakraborty, Advocate for the workmen The Court :- In this matter, I had appointed the DIG, CID as a Special Officer by my order dated May 17, 2013 for carrying out certain directions specified in the order passed on that date.

The learned Special Officer has filed Report dated January 30, 2014 and he has also apprised this Court that on attaining the age of superannuation, he was retiring with effect from January 31, 2014.

In such circumstances, he requires to be discharged as he was appointed on the basis of his designation.

He shall be discharged, however, after the accounts are submitted.

I have gone through the report filed by him and I am of the opinion that further enquiries are required to be carried out for the purpose ascertaining the level of misutilisation of fund which is being generated from the property of Angelo Brothers Limited (in Liquidation).before formulating effective remedial measures Mr.Prasad appearing for the Official Liquidator brought to my notice that this Court is required to ascertain as to whether the Company is still under liquidation or not having regard to the various orders passed by this Court.

That aspect of the controveRs.shall be examined at a later stage.

However for carrying on the work further particularly for protection of the assets of the company, I am of opinion that assistance of senior Law Enforcement Officer would be necessary for effective implementation of the order of this Court and I appoint DIG, Presidency Range of West Bengal Police as a Special Officer in this matter.

Let the order passed on May 17, 2013 along with the final report of the DIG, CID be made available to him by the department.

Let him appear before this Court on Monday next i.e.February 17, 2014 at 2 P.M.All parties shall act on a photostat signed copy of this order on usual undertakings.

(Aniruddha Bose, J.) ANC.