- (1.) Heard the learned Advocates appearing for the parties.
(2.) This revisional application has been directed against the order No. 60 dated 13th February, 2007 passed by Sri R. Chakraborty, learned Civil Judge (Senior Division), 4th Court at Alipore in title suit No. 60 of 2001, whereby the learned Civil Judge concerned has rejected the petition of the Defendant No. 5 under Order 1 Rule 10(2) read with Section 151 of the Code of Civil Procedure praying for expunging or striking out the name of the Defendant No. 5 Company from the cause title of the plaint.
(3.) It is the case of the applicant/Defendant No. 5 that the opposite party No. 2 M/s Golden Biscuits Co. Pvt. Ltd. was the Defendant No. 1 and opposite party No. 2 was the absolute owner of the factory premises at Panchghara. The West Bengal Financial Corporation (WBFC) had charge over said property and the said Defendant company in liquidation was wound up by an order dated March 10, 1999 passed by the Hon'ble High Court, Calcutta and the official liquidator was directed to take possession of the assets of the Defendant No. 1 company/opposite party No. 2 including this said factory premises. During pendency of the said winding up proceeding the said Corporation took notional possession of the land and machinery of the said company in liquidation on October 16, 1998, and formal possession was taken on December 8,1988. Pursuant to an application filed by the said corporation, Hon'ble High Court, Calcutta, by an order dated October 4, 1999, granted liberty to the said Corporation to sell the plant and machinery and other assets of the said company subject to confirmation of sale by the Hon'ble High Court. The said order of winding up was recalled by the Hon'ble High Court by an order dated 3rd March, 2000 on the basis of terms of settlement arrived by and between the management of the company in liquidation and the creditor, and thereafter the assets of the company were repossessed by the Company in liquidation on March 22, 2000, and the said order of winding up was again revived on 12th June, 2001, but in view of the default committed by the company or opposite party No. 2 the said Corporation again took possession of assets and properties on 16th August, 2001. The said corporation in pursuance of order of the Hon'ble High Court dated 4th October, 1999, conducted the sale and the sale was completed in favor of M/s Anmol Snacks Limited, and by an order dated 2nd September, 2003, the Hon'ble High Court confirmed the sale in favor of Anmol Snacks Limited at price of Rs. 37.5 lakes and the said Corporation handed over possession to the said purchaser M/s Anmol Snacks Limited on 1st October , 2003 and since then the said M/s Anmol Snacks Limited being the successful purchaser has been in possession of the assets and premises of the said factory as an absolute owner thereof.;