Application in a liquidation proceeding held not maintainable as the proceeding had been transferred to the NCLT. The valuer and intervention applicants were left free to approach the NCLT for appropriate reliefs; the appeal and applications were disposed of.
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O-19
ORDER SHEET
APOT/433/2023 WITH
CP/45/2013 IA NO: ACO/3/2024, ACO/4/2024
IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE
IN THE MATTER OF: UNIT CONSTRUCTION COMPANY PVT. LTD.
AND
PRASHANTA SEN VERSUS
THE OFFICIAL LIQUIDATOR
BEFORE: The Hon’ble JUSTICE SOUMEN SEN AND
The Hon’ble JUSTICE APURBA SINHA RAY Date : 4th November, 2024
Appearance: Mr. Arindam Paul, Adv. Ms. Debarati Das, Adv. ...for the petitioner
Dr. R.P. Motilal, Adv. Mr. Shubham Banerjee, Adv. ...for the intervention applicant
Ms. Tanushree Dasgupta, Adv. ...for the O/L
The Court: In view of the fact that the liquidation proceeding has been transferred to the NCLT in terms of the order dated 20th September, 2022, we are of the view that the application is not maintainable in this Court. However, the valuer shall be entitled to approach before the NCLT for appropriate reliefs.
2
On similar grounds, the application for intervention is not entertained
and it will be open for the applicant/s to approach the NCLT for appropriate
reliefs in accordance with law.
The appeal and the applications stand disposed of.
bp/R.Bhar
1 issue framed by the court
Whether the application is maintainable in this Court after the liquidation proceeding was transferred to the NCLT.
Unit Construction Company Pvt. Ltd.
Prashanta Sen
The Official Liquidator
Soumen Sen
Apurba Sinha Ray
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
