- (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 respectively.
(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.;