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Calcutta High CourtAPOT/127/2021dismissed for default

Re Rubi Star Real Estate And Housing Development Ltd ( In Liqn) v. Ultrafast Agro Foods Pvt Ltd -v.-Official Liquidator

2021-09-01Hon'Ble Justice I. P. Mukerji,Hon'Ble Justice Aniruddha Roy2 pages

IA No. ACO/1/2021 IA No. ACO/3/2021 IA No. ACO/4/2021 APOT No. 127 of 2021 with CP No. 313 of 2012

IN THE HIGH COURT AT CALCUTTA

In appeal from its ORIGINAL JURISDICTION CIVIL APPELLATE JURISDICTION Re: Rubi Star Real Estae And Housing Development Ltd. (In Liqn.) And Ultrafast Agro Foods Pvt. Ltd.

Versus

The Official Liquidator, High Court, Calcutta Before:

The Hon'ble Justice I. P. MUKERJI And The Hon'ble Justice ANIRUDDHA ROY Date: 1st September 2021 Appearance:

Mr. Rupak Ghosh Advocate Mr. Arnab Dutt, Advocate Ms. Aindrila Basu, Advocate for the purchaser Mr. Subhadip Biswas, Advocate for the official liquidator The Court: Three applications are before this Court. Since the appellant is a third party, the third application (ACO 1 of 2021) is for formal leave of this Court to file the appeal. It is allowed. The first application (ACO 4 of 2021) is for condonation of delay of 10 days in preferring the appeal.

Although none appears in support of this application, considering the fact that the delay is only of 10 days, we condone the delay, allow the application and admit the appeal.

The second application (ACO 3 of 2021) is for stay of the impugned order dated 15th July, 2021 confirming the sale in favour of

Mr. Rupak Ghosh's clients, Reba Mondal, Raja Mondal and Rana Mondal.

None appears in support of the said applications or the appeal. Accordingly the appeal (APOT 127 of 2021) and the application (ACO 3 of 2021) are dismissed for default.

(I. P. MUKERJI, J.) (ANIRUDDHA ROY, J.) R. Bose