The Baranagore Jute Factory Plc. v. Galaxy Commercial Limited

OD 2 & 3

IN THE HIGH COURT AT CALCUTTA

ORIGINAL JURISDICTION ORIGINAL SIDE CP/95/1996 THE BARANAGORE JUTE FACTORY PLC.

VS GALAXY COMMERCIAL LIMITED AND CP/136/1996 BARANAGORE JUTE FACTORY PLC VS PURAN PRAKASH KESHAN (S/A)

BEFORE:

The Hon'ble JUSTICE SUBHENDU SAMANTA Date: 14th June, 2024.

Appearance:

Mr. Sankarsan Sarkar, Adv.

Mr. Subhrangshu Ganguly, Adv.

Ms. Tanushree Dasgupta, Adv.

Mr. Sudipta Bera, Adv.

. . .for the Official Liquidator.

The Court: None appears on behalf of the petitioning creditor. The report submitted by the Official Liquidator is taken on record. It has noted in the earlier order that the notification of winding up was passed in pursuance to an order pronounced by the Hon'ble Chief Justice Manjula Bose dated 28th day of October, 1987. After winding up all assets and affairs of the company was proceeded under the jurisdiction of Official Liquidator.

The pendency of the CPs appears to me is not maintainable in law, as the order of winding up has already been passed.

Accordingly, the CPs are disposed of without any specific order. However, the creditors are at liberty to prefer a specific application before the Official Liquidator in respect of their claims, if any, on such application, the Official Liquidator shall dispose of the same in accordance with law. (SUBHENDU SAMANTA, J.) SP