A. TALUKDAR & COMPANY (FERTILIZER) PRIVATE LIMITED Vs. THE OFFICIAL LIQUIDATOR HIGH COURT OF CALCUTTA
SUPREME COURT OF INDIA
A. Talukdar And Company (Fertilizer) Private Limited
The Official Liquidator High Court Of Calcutta
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(1.) Leave granted. These appeals have arisen from judgment dated 3rd August, 2012 passed by Division Bench of the Calcutta High Court in APO Nos. 248,288 of 2011, 289 of 2011 and 303 of 2011
(2.) The question for consideration is whether the Company Court could evict persons, who have occupied property of a company after
commencement of winding up proceedings, on such company being
revived under the order of the Company Court.
(3.) The appellant -company was directed to be wound up by order dated 9th November, 1998 in Company Petition No. 12 of 1998 filed
by one of its creditors M/s. Indian Potash Limited. The Official
Liquidator attached to the High Court of Calcutta was appointed as
Official Liquidator. He could not take possessions of the factory
premises of the company at 8, Pagladanga Road, Kolkata as one M/s.
Hindustan Bone Mills was in possession claiming to be a tenant.
During pendency of the proceedings, the premises of the company
were occupied by five entities namely, Royal Blue Accessories, M/s.
Magnate Industries, M/s. Narmada Equipments & Spares, M/s.
Packtech and Premasish and Subhasish Chatterjee respectively.;
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