G.C. Gupta, J. - (1.) SST Media Private Limited running a news channel by the name of Kolkata TV was directed to be wound up by this Court on 21st May 2009 in C.P. No. 39 of 2009 at the instance of one of the creditors thereof. Several other winding up petitions filed by the creditors are pending. The liability of the company is in the region of Rs. 74 Crores, a break -up whereof provided by the applicants themselves reads as follows: JUDGEMENT_77_LAWS(CAL)1_2010.jpg
(2.) A list of the creditors has also been furnished which is part of annexure 'E' to the application being CA No. 651 of 2009. The official liquidator was prevented from taking possession of the assets of the company in liquidation. Thereafter one Shri Dayal Saha and another Shri Pradip Bandyopadhyay claiming to have been authorised by the employees of the company in liquidation moved CA No. 651 of 2009 praying for the following reliefs: a) All the orders of winding up passed by this Hon'ble Court in connection with SST Media Pvt. Limited from time to time be stayed until further order of this Hon'ble Court; b) R.P. Techvision (India) Pvt. Ltd. of 12, Govt. Place (East), 4th Floor, Kolkata -700069 be given liberty to file scheme of Arrangement preferably through Price Water House within such time as this Hon'ble Court may deem fit and proper; c) Till such scheme is filed and/or till order is passed thereon the applicants be given liberty to have the Company i.e. SST Media Pvt. Ltd. be run under the management/guidance of R.P. Techvision (India) Pvt. Ltd. with necessary leave to make payment in the name of the said company SST Media Pvt. Ltd. and to have necessary receipt in the name of the said Company itself. d) All winding up petitions and/or claims as against the Company be stayed for the time being till further order of the Court; e) All parties concerned be directed to cooperate with the said R.P. Techvision (India) Pvt. Ltd. in running the said SST Media Pvt. Ltd. with specific goal of reviving the said company; f) Official Liquidator be directed not to take any further step in terms of the orders of winding up; g) R.P. Techvision (India) Pvt. Ltd. be given a liberty to maintain a separate account as regards the expenses being incurred.
(3.) The resistance offered to the official liquidator in taking possession of the assets of the company in liquidation was sought to be explained by alleging in paragraph 14 of the petition that the employees had, in fact, been sitting on dharna and in order to protect themselves that the employees did not allow the official liquidator to take over the possession of the assets of the company in liquidation.;