Calcutta High CourtMefin Chemicals Pvt. Ltd.(In Liqn) vs Suchismita Chakraborty on 28 January, 2014Author:PatheryaBench:PatheryaORDER SHEET
                       CA No.639 of 2012
                       CP No.113 of 2001
                    IN THE HIGH COURT AT CALCUTTA
                       Original Jurisdiction


                                    IN THE MATTER OF :
                                    MEFIN CHEMICALS PVT. LTD.(IN LIQN)
                                          AND
                                    SUCHISMITA CHAKRABORTY
                                          VS.
                                    THE OFFICIAL LIQUIDATOR,HIGH COURT, CALCUTTA
                                    & ORS.


    BEFORE:
    The Hon'ble JUSTICE PATHERYADate : 28th January, 2014.Mr. Aniruddha Mitra, Advocate appears.Mr. Amiya Kr. Sur for WBFC.Mr.Susanta Kr. Dutta for Official
                                    Liquidator.The Court : This application has been filed underSection 535of the

Companies Act, 1956 seeking disclaimer of the factory premises at 121, Netaji

Subhas Road (formerly 5, Netaji Subhas Road) comprised in Dag no.2400 and 2406

at Narendrapur, 24 Parganas (South), Kolkata.The case of the applicant is that it has purchased the said premises

from its erstwhile owner as per the sale deed dated 6th April, 2006. As WBFC is

the owner of the plant and machinery and stocks lying at the said premises, it

is in physical possession of the entire premises along with its charged assets.

The Official Liquidator pursuant to winding up is to be in physical possession

of the assets of the company (in liquidation) but it could not take possession

as WBFC was in possession of the same. Therefore, this application has been

filed and orders sought.Counsel on behalf of the Official Liquidator submits that although an

attempt was made to take possession of the premises in question, the same could

not be done as WBFC was already in possession of the said premises.Counsel on behalf of the WBFC submits that in the event Rs.2 lakhs is

paid to it by the applicant herein, it has no objection to the disclaimer. In2th
fact, by order dated 6     January, 2006 an order was passed in terms of prayers(a) and (b) of the Letter for Direction and there is no hindrance to the WBFC

continuing to be in possession of the said premises. Therefore, this application

merits no order.Having considered the submissions of the parties, sale notice was

issued in 2002 and 2003 for sale of the assets mentioned therein. In the list of

assets the sale has been restricted to the plant and machinery and stocks in

trade of the company (in liquidation). Nowhere has WBFC made a claim in respect

of the immovable property. Therefore, the immovable property did not stand

charged or mortgaged to WBFC. It is only the movables that are charged and

therefore, WBFC was entitled to sell the same. In fact, as the said premises was

not the asset of the company (in liquidation) the Official Liquidator has also

not taken possession of the said immovable property. Therefore, there will be an

order in terms of prayers (a) of the Judge's Summons. Let possession of the said

immovable property be handed over to the applicant herein by the Official

Liquidator within four weeks from date. This order is passed on the prayer of

Counsel for WBFC as it seeks the abovementioned time to remove movable assets

charged to it or take steps to sell the same. In the event, no step is taken

within the time specified above by WBFC, the charged assets be removed by the

applicant after an inventory is made in the presence of the Official Liquidator

and WBFC to a place to be provided by WBFC. In the event, the charged assets are

not removed, occupation charges be paid by WBFC on the expiry of one month.In view of the aforesaid, this application is disposed of.

        All parties to act on a photostat signed copy of this order on the

usual undertakings.( PATHERYA, J.)




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