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Calcutta High CourtCRR/565/2014disposed

Gitika Goswami & ANR v. State Of West Bengal & ANR

2021-09-27Hon'Ble Justice Tirthankar Ghosh2 pages

27.09.2021 sb CRR 565 of 2014 (Via video conference) Gitika Goswami & Anr.

Vs.

State of West Bengal & Anr.

Mr. Krishnendu Bhattacharya Mr. Priyankar Ganguly...for the petitioners Mr. Ayan Bhattacharjee Mr. Rishan Dutta Mr. Soumalya Ganguly Md. Zohaib Rauf ......for the opposite party no. 2 Mr. Bidyut Kr. Roy Ms. Rita Dutta ...for the State Mr. Bhattacharjee, learned advocate appearing for the petitioners submit that there were three contentions. Firstly, there was no demand notice. Secondly, the issue relating to Section 202 of the Code of Criminal Procedure has not been complied with and thirdly, the issue relating to winding up of the company and publication of notice.

Learned advocate candidly submits that if they are granted the liberty to agitate the aforesaid points canvassed in this revisional application before the learned trial court at the appropriate stage, the same would suffice the parties. Mr. Ayan Bhattacharjee, learned advocate appears for the opposite party.

Mr. Bidyut Kr. Roy, learned advocate appears for the State.

Having regard to the contention advanced by the learned advocate for the petitioners, I am of the considered opinion that

the petitioners would be at liberty to agitate the aforesaid three points before the learned trial court at the appropriate stage. Accordingly, CRR 565 of 2014 is disposed of.

Pending application, if any, is consequently disposed of. Interim order, if any, is hereby vacated.

All parties shall act on the server copy of this order duly downloaded from the official website of this court. (Tirthankar Ghosh, J.)