Dheklapara Tea Company Ltd. (In Liqn.) vs Re: Sale Of Asset
2024 Latest Caselaw 2842 Cal/2

Calcutta High Court

Dheklapara Tea Company Ltd. (In Liqn.) vs Re: Sale Of Asset on 5 September, 2024

Author: Sabyasachi Bhattacharyya

Bench: Sabyasachi Bhattacharyya

OD-120

                      IN THE HIGH COURT AT CALCUTTA
                           ORIGINAL JURISDICTION
                               ORIGINAL SIDE


                          IA NO. CA/12/2023
                                  In
                             CP/558/1999
                          IN THE MATTER OF
                 DHEKLAPARA TEA COMPANY LTD. (IN LIQN.)
                                  Vs
                          RE: SALE OF ASSET


BEFORE:
The Hon'ble JUSTICE SABYASACHI BHATTACHARYYA
Date: 5th September, 2024.

                                                                        Appearance:
                                                          Ms. Rashmi Singhee, Adv.
                                                           Mr. Garima Raijada, Adv.
                                                 ...for the applicant in CA/12/2023.

                                                           Mr. Ajit Kumar Mishra, Adv.
                                                               Mr. Abhishek Dey, Adv.
                                                          Mr. Suprovat Banerjee, Adv.
                                                          Mr. Kushagra Mashara, Adv.
                                                             ...for the respondent no.6.

Ms. Smita Das De, Adv.

...for the Official Liquidator.

The Court: Heard learned counsel for the parties.

Learned counsel for the Official Liquidator does not have any objection in

principle to the transfer of the proceedings to the National Company Law

Tribunal, Kolkata.

Learned counsel for the P.F. Authorities submits that liberty may be

granted to the said authority to file up-to-date claims before the National

Company Law Tribunal as and when the matter is transferred.

It transpires from the supplementary affidavit filed today by the applicant

that with regard to the respondent no.2, Hanuman Tea Company Limited, it had

filed a winding-up petition before this Court on the ground of the inability of the

respondent no.3 to pay its debts. The winding-up petition was duly admitted on

March 17, 2003 and by a judgment dated December 20, 2010 passed by this

Court, the winding-up order was retained but all steps for the process of the

winding-up was suspended until further orders.

The company named Dheklapara Tea Company Limited was incorporated

on September 20, 1910 as a public company limited by shares. It also transpires

from the averments made therein that since the year 2006 the tea garden of the

said Dheklapara Tea Company Limited (in liquidation) had been lying idle and

workers of the tea garden are living their life as destitutes as there is no work.

Be that as it may, being satisfied on the contentions of the parties, CA/12/2023

is allowed, thereby directing transfer of CP/558/1999 to the National Company

Law Tribunal, Kolkata. The records of the matter be sent at the earliest to the

National Company Law Tribunal, Kolkata pursuant to such transfer.

It is also recorded that a symbolic possession of the tea garden has been

taken by the Official Liquidator and it is under the surveillance of the

Government of West Bengal.

Leave is also granted to the P.F. Authorities to file their updated claims

before the National Company Law Tribunal, Kolkata.

(SABYASACHI BHATTACHARYYA, J.)

spal