Re Fibre Processors Pvt Ltd (In Liqn) vs Om Prakash Bhartia
2025 Latest Caselaw 2652 Cal/2

Calcutta High Court

Re Fibre Processors Pvt Ltd (In Liqn) vs Om Prakash Bhartia on 17 September, 2025

Author: Arijit Banerjee

Bench: Arijit Banerjee

OD-7

                           APOT/231/2025
                        IA NO: ACO/1/2025
                 IN THE HIGH COURT AT CALCUTTA
                     Civil Appellate Jurisdiction
                           ORIGINAL SIDE


              RE FIBRE PROCESSORS PVT LTD (IN LIQN)
                                VS
                       OM PRAKASH BHARTIA
                               -VS-
       OFFICIAL LIQUIDATOR, HIGH COURT, CALCUTTA AND ANR.



  BEFORE:
  The Hon'ble JUSTICE ARIJIT BANERJEE

 The Hon'ble JUSTICE OM NARAYAN RAI
 Date : 17th September, 2025.


                                                               Appearance:
                                             Mr. Ranjan Bachawat, Sr. Adv.
                                               Mr. Sourojit Dasgupta, Adv.
                                                  Mr. Giridhar Dhelia, Adv.
                                                 Ms. Subhasree Hazra, Adv.
                                                  Mr. Yogesh Sharma, Adv.
                                                         ...for the appellant

                                                  Mr. Jishnu Saha, Sr. Adv.
                                                      Mr. U. S. Menon, Adv.
                                                  Mr. Zeeshan Haque, Adv.
                                             Mr. Abhirup Chakraborty, Adv.
                                                  ...for the respondent no.2

                                                Mr. Deepak Kr. Singh, Adv.
                                            Ms. Saptamita Pramanick, Adv.
                                                ...for the Official Liquidator
                                      2




                     Dictated by Arijit Banerjee, J.

The Court : This appeal is directed against a judgment and order dated

July 18, 2025 passed by a Learned Judge of this Court in CA/10/2024 filed

in connection with CP/155/1985.

The facts of the case which immediately relevant are that the Learned

Company Judge, on a disclaimer application made by the respondent no.2

herein, directed the Official Liquidator, who is in charge of the company (in

liquidation), to hand back physical possession of the property in question to

the respondent no.2 which claims to be the owner of the property. It

appears that before the company went into liquidation, there was an

agreement between the company and the respondent no.2 for sale of the

concerned property by the company to the respondent no.2. However, the

final conveyance was never executed. We need not go into those facts

immediately. We propose to hear out the appeal.

Let the appellant file requisite number of informal paper-books

containing all papers that were available before the Learned Single Judge by

October 27, 2025. All formalities are dispensed with. Since the respondents

are represented, notice of appeal is deemed to be waived.

We are told that possession of the concerned property has been made

over to the respondent no.2.

Mr. Saha, Learned Senior Counsel representing the respondent no.2, in

his usual fairness, says that the respondent no.2 shall not deal with the

property in question till the end of November, 2025 or until further order,

whichever is earlier.

The stay application is disposed of.

However, for the sake of convenience, a copy of the stay petition be

included in the paper-books.

Let the appeal be listed on November 3, 2025 under the appropriate

heading within the first five items.

Since no affidavits have been called for, the allegations made in the

petition are deemed not to be admitted by the respondents.

(ARIJIT BANERJEE, J.)

(OM NARAYAN RAI, J.)

kc.