Sufal Chandra Guchhait v. State Of West Bengal And ORS.

18.04.2024 Serial no.87 [G.S.D] CRR 4158 of 2023 In the matter of : Sufal Chandra Guchhait ... ... Petitioner Mr. Bikash Shaw ... for the petitioner Mr. Debasish Roy Mr. Arijit Ganguly Ms. Debadrita Mondal ... for the State The Inspector of Police of Shyampukur P.S. has submitted a report before this court in respect of one of the Directors, namely, Basant Kumar Daga, depicting that his whereabouts could not be traced. Let the same be kept with the record.

The warrant of arrest so issued be executed through the officer of the Missing Persons Squad, Lalbazar, Kolkata Police as well as through the officer of the Missing Persons Squad, CID, Bhawani Bhavan, WB.

So far as the present petitioner is concerned, the petitioner under these circumstances would be entitled to take out an application for attachment of the assets of the company and the ld. Magistrate would pass necessary orders for attachment to the limited extent of dues of the petitioner. If attachment is possible, then, in that case, if the

company or any responsible officer of the company do not respond, the ld. Magistrate would be at liberty to put the assets in auction for recovery of the said amount. If such application is taken out by the petitioner, the ld. Magistrate would in respect of each of the steps grant 60 days time and proceed in accordance with the law. With the aforesaid observations, CRR 4158 of 2023 is disposed of.

Pending application, if any, is also disposed of. Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)