ASHOKE KUMAR DASADHIKARI,J. - (1.) Mr. Sen, Mr. Majumdar and Mr. Lahiri, learned Advocates all representing Aditya Scraps appear and submit that pursuant to the earlier direction, their client have already deposited a sum of Rs. 1,00,00,000/- with the Official Liquidator and today the representative of Aditya Scraps is present in Court and has brought a cheque for a sum of Rs. 24,00,00,000/- being Cheque No.994533 dated 10.2.2012 on Yes Bank for purchasing the machinery and instruments at Haldia. Be it noted that except Mr. Sen's client, nobody is present with any pay order or cheque. Therefore, I accept the cheque tendered by Mr. Sen's client on behalf of Aditya Scraps. Mr. Sen submits that his client is giving an undertaking to this Court that in the event the cheque is dishonoured, the amount of Rs. 1,00,00,000/- already deposited with the Official Liquidator would be forfeited and his client will never ask for refund of the said sum of Rs. 1,00,00,000/- either by filing any application or by making any submission. Mr. Partha Sarathi Biswas, Proprietor of Aditya Scraps who is also present in Court has also given an undertaking to this Court that the cheque of Rs. 24,00,00,000/- would be honoured and in case the cheque is dishonoured, the amount of Rs. 1,00,00,000/- so deposited with the Official Liquidator by Aditya Scraps would be forfeited and Aditya Scraps will never claim for refund of the said amount. On such undertaking given both by the learned Advocate of Aditya Scraps and the representative of Aditya Scraps, the said cheque is accepted by this Court and the same is handed over to Mr. Ranajit Choudhury, learned Advocate appearing for the Official Liquidator. The Official Liquidator is directed to deposit the said cheque with the bank in course of today.
(2.) This matter will come up in the list on 14.2.2012 for ascertaining whether the cheque has been honoured or not. Mr. Kaushik Banerjee, learned Advocate representing another company, representative of whom is present in Court, did not produce either any pay order or cheque at the time of call. He only submits that his client can issue a cheque. I am not accepting such submission of Mr. Banerjee. The price of the machinery and instruments lying at Haldia, was already fixed in an auction held by Court when Aditya Scraps appeared and offered the highest price of Rs. 25,00,00,000/- and no other person was their to offer more than Rs. 25,00,00,000/-. Therefore, the question of taking any other offer today do not arise.
(3.) Let the matter appear in the list on 13.3.2012 at 2 P.M.;