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Madras High CourtWP/455/2017dismissed

Gayathri.C. v. The State Of Tamil Nadu,

2017-01-09Honourable Mr Justice B. Rajendran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORIGINAL JURISDICTION) Monday, the 9th day of October 2017 THE HON'BLE MR.JUSTICE M.M.SUNDRESH COMP.APPLN.NO.455 OF 2017 IN COMP.PETN.NO.61 OF 1992 In the matter of Companies Act, 1956 And In the matter of M/s.Sears Electronics Limited (In liquidation) C.P.NO.61/1992:

M/s.Elcompo Electronic Industries Private Limited No.1-2, Instronics Campus, Thiruvanmiyur, Chennai -600 041 .. Petitioner Vs.

M/s.Sears Electronics Limited, No.123-A-3, Dr.Muthulakshmi Street, Annamalai Complex, Thiruvanmiyur, Chennai -600 041

...Respondent

C.A.No.295/1996 High Court of Madras as the liquidator of M/s.Sears Electronics Limited (In Liquidation) ...Applicant Vs.

1.M/s.Coral Electronics (Calcutta) Private Limited No.12, Sardar Sankar Road, Calcutta -700 026 2.Sri.A.N.Bhattacharya Managing Director of M/s.Coral Electronics (Calcutta) Private Limited, No.213, Aelite Co-operative Housing Society, No.3, Bidan Sishu Sanani, Flat No.213, Calcutta-54 ...Respondents

C.A.No.455/2017:

High Court of Madras as the liquidator of M/s. Sears Electronics Limited (in liquidation) ...Applicant Vs.

1.M/s.Coral Electronics (Calcutta) Private Limited No.12, Sardar Sankar Road, Calcutta -700 026 2.Sri.A.N.Bhattacharya Managing Director of M/s.Coral Electronics (Calcutta) Private Limited, No.213, Aelite Co-operative Housing Society, No.3, Bidan Sishu Sanani, Flat No.213, Calcutta-54 3.Smt.Renu Bhattacharya, Wife of Amarendranath Battachaya, Aelite Housing Society, No.3, Bidhan Sishu Sarani, Flat No.213, Kolkatta-700 054 ...Proposed Respondents The Company Applicant praying this Court:- a)To extend the time for filing Execution Proceedings b)To delete the name of the respondent No.2 from this proceeding in view of reasons mentioned in para-5. c)To implead the proposed respondent viz., Smt.Renu Bhattacharya, wife of Respondent No.2 as party to this proceedings.

d)To transmit the Decree to Learned District Magistrate, Alipore Court, South 24 Pargans.

The Company Petition coming on this day before this Court for hearing in the presence of Mr.P.Atchutha Ramaiah, Official Liquidator, High Court, Madras, for the Applicant herein and the Respondent not appearing in person or through Advocate and upon reading the Judge's Summon and report of Official Liquidator filed herein, the court made the following the order:

"Seeking a direction to extend the time for filing execution proceedings and for other reliefs, the learned Official Liquidator has filed the present application. 2.Despite intimation, none appears for the respondents. 3.It is submitted by the learned Official Liquidator that the decree has attained finality. The proposed respondents, as could be seen from the averments made in the affidavit filed in support of the application, are necessary parties. Accordingly, the application stands ordered".

WITNESS, The MS.INDIRA BANERJEE, the Chief Justice of Madras High Court, as aforesaid this the 9th day of October 2017.

Sd/- JOINT REGISTRAR(O.S) //CERTIFIED TO BE A TRUE COPY// DATED THIS THE DAY OF 2018.

COURT OFFICER.

From 25th September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decree in this format.

TE-18.05.2018 COMP.APPLN.NO.455 OF 2017 IN COMP.PETN.NO.61 OF 1992 ORDER DATED:09/10/2017 THE HON'BLE MR.JUSTICE M.M.SUNDRESH FOR APPROVAL ON:01/06/20178 APPROVED ON:22/06/2018 To:

High Court, Madras.