M/S. Carrit Moran & Company P Ltd vs Re: Krishna Kumar Kalyani
2024 Latest Caselaw 3072 Cal/2

Calcutta High Court

M/S. Carrit Moran & Company P Ltd vs Re: Krishna Kumar Kalyani on 3 October, 2024

Author: Sabyasachi Bhattacharyya

Bench: Sabyasachi Bhattacharyya

OD-135

                        IN THE HIGH COURT AT CALCUTTA
                               Original Jurisdiction
                                 ORIGINAL SIDE

                                IA NO. CA/45/2024
                                  In CP/289/2009

                               IN THE MATTER OF:
                      M/S. CARRIT MORAN & COMPANY P LTD.
                                       Vs
                          RE: KRISHNA KUMAR KALYANI

BEFORE:
The Hon'ble JUSTICE SABYASACHI BHATTACHARYYA

Date : 3rd October , 2024

Appearance:

Ms. Noelle Banerjee, Adv.

Mr. Pratik Shau, Adv.

...for the applicant

Mr. Sourav Kumar Mukhrjee, Adv.

...for the Official Liquidator

The Court:- Learned counsel for the applicant in the winding up petition

submits that the original applicant has met his demise and leave is sought to

substitute his heirs and legal representative as applicants in the winding up

petition. Such leave is accordingly granted. The proposed substituted applicant

shall be at liberty to take out a formal application for substitution in connection

with the winding up petition.

Nothing in the above observations, however, shall deter the Official

Liquidator from disbursing the legitimate claims of the petitioner in CA/45/2024

in view of a Notice of Admission of Proof of Debt annexed at page 33 of

CA/45/2024 as well as the judgment on admission passed in favour of the

petitioner to the effect that the petitioner is entitled to the sum of Rs. 5 crore as

overriding preferential claim in terms of Section 529A of the Companies Act,

1956. The Official Liquidator shall also be at liberty to disburse such sum in

favour of the petitioner in CA/45/2024.

CA/45/2024 is accordingly disposed of with the above observations.

It is expected that the disbursal in favour of the petitioner shall be made

within four weeks from date.

(SABYASACHI BHATTACHARYYA, J.)

S.Bag