Arun Kumar Agarwala vs The Official Liquidator
2025 Latest Caselaw 2129 Cal/2

Citation : 2025 Latest Caselaw 2129 Cal/2
Judgement Date : 16 April, 2025

Calcutta High Court

Arun Kumar Agarwala vs The Official Liquidator on 16 April, 2025

OD-4

                                 ORDER SHEET

                        IN THE HIGH COURT AT CALCUTTA
                               Original Jurisdiction
                                 ORIGINAL SIDE

                               IA NO. CA/17/2024
                                 In CP/348/2003

       IN THE MATTR HOOGHLY INK COMPANY (DELHI) P. LTD. (IN LIQN.)
                                 -AND-
                        ARUN KUMAR AGARWALA
                                  -VS-
            THE OFFICIAL LIQUIDATOR, HIGH COURT, CALCUTTA

BEFORE:
The Hon'ble JUSTICE KRISHNA RAO
Date: April 16, 2025.

                                                                            Appearance:
                                                           Mr. Rudradeb Choudhury, Adv.
                                                                Mr. Rishad Medora, Adv.
                                                                 Ms. Antara Biswas, Adv.
                                                                   Ms. Saolini Bose, Adv.
                                                                      ... for the applicant

                                                           Ms. Tanushree Dasgupta, Adv.
                                                            ...for the Official Liquidator


          1.

Mr. Rudradeb Choudhury, learned Advocate, is appearing for the

applicant/petitioner.

2. Ms. Tanushree Dasgupta, learned Advocate, is appearing for the

Official Liquidator.

3. The petitioner/applicant has filed the present application praying

for a direction upon the Official Liquidator to issue dividend of the surplus

amount to the contribution in terms of affidavit of claim filed by the

contributories being 100 percent contributories of the said company in

liquidation along with interest accrued there in.

4. Counsel for the petitioner/applicant also prayed for a direction

upon the Official Liquidator to provide the accounts of all the creditors claimed

settled by the Official Liquidators in the present case.

5. Counsel for the applicant has relied upon the judgment passed by

this Court dated 18th April, 2012 wherein this Court has passed the following

order:

"The Official Liquidator will invite claims from all creditors of the company (in liquidation) and settle the claims in accordance with law within a period of four months from date. The Official liquidator will thereafter disburse the money received from the two allottees to the persons rightfully entitled thereto in accordance with law. The Official liquidator should apply for dissolution of the company upon the payment being made over to the persons entitled thereto and within two months of the completion of the payment by the allottees to the Official Liquidator."

6. Counsel for the applicant submits that in spite of the specific

direction passed by this Court, till date the Official Liquidator has not complied

with the order passed by this Court dated 18 th April, 2012.

7. Counsel for the Official Liquidator prays for three weeks time for

settlement and adjudication of the claim in accordance with the prevailing law.

8. Counsel for the applicant raised objection and submits that there

is a direction passed by this Court only the Official Liquidator has to comply

with the said order but in spite of the same, the Official Liquidator time and

again taking time from this Court instead of comply with the order passed by

this Court.

9. Considering the submission made by the Counsel for the

respective parties, this Court direct the Official Liquidator to comply with the