The Titaghar Jute Factory Plc (In ... vs Rajendra Kumar Duggar
2021 Latest Caselaw 475 Cal/2

OD-2
                              ORDER SHEET

                             IA NO.CA/7/2021
                                    In
                               CP/485/1997

                     IN THE HIGH COURT AT CALCUTTA
                            Original Jurisdiction
                              ORIGINAL SIDE



               THE TITAGHAR JUTE FACTORY PLC (IN LIQN.)
                                 VS
                      RAJENDRA KUMAR DUGGAR


  BEFORE:
  The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA

Date : 27th July, 2021.

[Via video conference]

Appearance:

Mr. Ratnanko Banerji, Sr. Adv.

Mr. J. Ganguly, Adv.

Mr. Debangshu Dinda, Adv.

Mrs. Manju Agarwal, Adv.

Mr. Soumabho Ghose, Adv.

Mr. Yashvardhan Kochar, Adv.

Mr. Suvam Sinha, Adv.

The Court : Learned counsel for the applicant who is a creditor of

a Company (in liquidation ) places the relevant notifications for service all

parties who are based outside India.

Upon perusing the relevant documents which, apart from the

Hague Convention of 15th November, 1965 on service abroad of judicial or

extra judicial documents in civil or commercial matters, also includes a

notification of the Ministry of Law and Justice dated 12th January, 2009

followed by a communication dated 8th August, 2017 of the Ministry of

Home Affairs on service of judicial documents in consonance with certain

guidelines prayed for such also provides that such service should be made

through a Nodal Officer.

Counsel also places a judgment of the Kerala High Court reported

in 2018 SCC OnLine Ker 20657 which outlines the relevant procedure.

Let service of the application be effected in the manner provided

under the notifications stated above.

The persons in control of the company (in liquidation) at present

shall also be served.

List this matter after 12 weeks, as prayed for.

(MOUSHUMI BHATTACHARYA, J.)

RS