Re Carrit Moran and Co. Pvt. Ltd. (in Liqn) v. Tapan Kumar Banerjee and Ors. -vs-O/L High Court Calcutta and Anr.
Case brief
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Calcutta High Court, Civil Appellate Jurisdiction (Original Side); APO/169/2023 with CP/289/2009, IA Nos. ACO/1/2023 and ACO/3/2024; decided 9 June 2025; Bench: Arijit Banerjee, J. (dictating) and Rai Chattopadhyay, J. Subject: winding-up/liquidation of Carrit Moran and Co Pvt Ltd (in liqn); appellants Tapan Kumar Banerjee and Ors (ex-workmen) had appealed against transfer of winding-up proceedings to the NCLT and asserted claims under Section 529A of the Companies Act, 1956. Present applications by further ex-workmen (superannuated pre-liquidation; retiral benefits redeposited with the company) disposed of with a direction to the Official Liquidator to disburse the pro-rata share (17.067%, per paragraph 15 of the affidavit-in-opposition; fund position Rs.2,69,27,577/-; total admitted claims Rs.15,77,70,809/-) within four weeks, and liberty to pursue balance claims before the appropriate forum. Counsel: Sujit Banerjee, Nilay Sengupta, Sunanda Samanta (applicants); Sourav Kumar Mukherjee, Sahana Pal, Souhardya Mitra (Official Liquidator). Keywords: Section 529A Companies Act 1956, NCLT transfer, winding-up, liquidation, pro-rata distribution, retiral benefits, workmen claims, Official Liquidator.