Mehras Books Pvt. Ltd. ( In ... vs Unknown
2021 Latest Caselaw 404 Cal/2

OD-5


                            IA CA No. 9 of 2021
                                    In
                              CP 657 of 2013

                    IN THE HIGH COURT AT CALCUTTA
                         ORIGINAL JURISDICTION
                             ORIGINAL SIDE

                       IN THE MATTER OF:
            MEHRAS BOOKS PVT. LTD. ( IN LIQUIDATION)
                              AND
                       IN THE MATTER OF:
                     SWAPAN KUMAR DASS
                            VERSUS
  OFFICIAL LIQUIDATOR ATTACHED TO THE HIGH COURT, CALCUTTA


  BEFORE:
  The Hon'ble JUSTICE ARINDAM MUKHERJEE

Date : 27th April, 2021.

Appearance :

Ms. Nilanjana Adhya,Adv.

Mr. Rajesh Upadhyay,Adv.

Mrs. Smita Das De,Adv.

...for O/L

The Court: -The supplementary affidavit affirmed by the petitioner on

15th January, 2021 along with the affidavit of service filed in Court today

are taken on record. It appears that a copy of the supplementary affidavit

has already been served on the Official Liquidator. The position as to

service of the supplementary affidavit is also admitted by the Advocate

representing the Official Liquidator. On behalf of the Official Liquidator, it

is submitted that the property sought to be disclaimed has certain movable

assets of the company (in liquidation). These assets include several books

packed in cartons, computers and other furniture and fixture. So far as

the books are concerned, it is submitted by the Official Liquidator that the

company (in liquidation) had a publication business and these books may

be its stock. It is also submitted that unless an alternative place is

provided, the property in question cannot be made vacant even if this

Court comes to the conclusion that the property should be disclaimed. It is

also submitted that sale process was initiated for the books but no offers

were received. On a query from Court, it is also submitted that no property

and/or asset of the company (in liquidation) has yet been sold though the

company went into liquidation in November, 2017. These brings us to two

questions - firstly, as to who will provide the space for removing the

movables of the company (in liquidation) presently lying in the property

sought to be disclaimed if at all it is found that the property is onerous;

secondly, in view of the recent judgments of the Supreme Court whether

the winding up petition along with all connected applications are required

to be transferred to the National Company Law Tribunal (NCLT) as no

irreversible step like sale of assets of the properties and assets of the

company (in liquidation) has taken place till yet.

The applicant seeks an adjournment to take instruction on the first

question and to make necessary submissions on the second question.

Let this matter be adjourned till 11th May, 2021.

(ARINDAM MUKHERJEE, J.)

s.chandra