Baboo Lall Jain, J. - (1.) On 22.6.93, an application was moved on behalf of Neptune Paper Mills Ltd. Contractors Workers' Union and Neptune Paper Mills Workers' and Employees' Union. The said application was supported by joint affidavit of Rabi Kisku and Karuna Mahato, both affirmed on 19.6.93. A copy of the summons shows that the following prayers were made therein : (a) Direction be given to Kanoi Agro-tech Ltd. (formerly known as Buxa Holding Ltd.) to restart production in the said paper mills situated at Manikpara, Dist. Midnapore, and re-start production activity thereto on such terms and conditions as may be deemed fit and proper ; (b) Direction be given to Kanoi Agro-tech Ltd. to furnish full details before the Hon'ble court in respect of or concerning the said mill. (c) Direction be given to Kanoi Agro-tech Ltd. to pay month by month and every month the salary and wages of the staff and workers of Kanoi Agro-tech Ltd. (d) In default of Kanoi Agro-tech Ltd. complying with the directions given by this Hon'ble court and the Hon'ble Supreme Court of India leave be given to the applicant herein to run the paper mill on such terms and conditions as may be deemed fit by this Hon'ble court. (e) Direction be given to the official liquidator not to interfere with running of the factory mills in any manner whatsoever. (f) Direction be given to the official liquidator to hand over possession of the paper mills situated at Manikpara, Dist. Midnapore, to the applicant unions forthwith. (g) Direction be given to the State of West Bengal to give all cooperation including uninterrupted electricity supply to the said mill so that the mill can be re-started. (h) Suitable direction be given for running of the paper mill and payment of salary and wages of the workmen. (i) Ad interim order in terms of prayers above. (j) Such further or other order or orders and/or direction or directions as your Lordship may deem fit and proper.
(2.) Thereafter, on 5.7.93, an interim order was made by this court by the learned Judge then taking company matters which reads as follows : "After hearing the learned counsel appearing for all the parties, this interim order is passed in this application filed by the workmen concerned. (1) The official liquidator will take symbolic possession and remain in possession of the said paper mill with all its assets as special officer appointed by this order. (2) The special officer will make all efforts to resume working of the mill and start production and for this purpose will take all necessary steps as required from time to time. (3) The purchaser company, the workers' union and all concerned are directed to render all help and assistance to the special officer. (4) The purchaser company by itself or through others will arrange finances to the extent of Rs. 1 crore which will be utilised for meeting the expenses to open and run the mills including payment of electricity, maintenance and purchase of raw materials, chemicals, stores and spares, etc. (5) The repayment of the amount so arranged will be decided at the subsequent date. (6) All the workers will be engaged in running of the mill by the special officer and the arrears and the current salary for a period of six months will be provided by the purchasers. (7) The special officer will take the help and assistance of the purchaser for day-to-day running of the mills, work of maintenance and production, sale and purchase, and for protecting its investments and the said unit. (8) The purchaser will be entitled to operate the bank account to meet the day to day expense of the said mill in terms of this order and will submit account every fortnight to the special officer. (9) The appropriate authorities will provide continuous electricity supply upon payment of the arrear bill and also provide various incentives as already applied for and entitled to. This order is made keeping in mind the order passed by the Hon'ble Supreme Court of India on 16 February, 1993, Industrial Finance Corporation and others v. Official Liquidator, High Court, Calcutta and another (1993) 2 Comp LJ 1 (SC) as this order is only an interim arrangement pending compliance of the order of the Hon'ble Supreme Court of India passed on that date. This order is passed keeping in view that 600 workmen along with the members of their families are facing the bleak prospect of starvation looming large before them. The prayer for stay of operation of this order made by Mr. Dhandania, learned counsel appearing for IFCI, is refused. This matter will be treated as 'part heard' and adjourned for one month, when the official liquidator is directed to submit his report. All parties shall act on a signed copy of this dictated order upon usual under-taking."
(3.) The official liquidator has caused an affidavit in opposition to be filed being the affidavit affirmed by Ranjit Kumar Dutta on 30.6.93.;