ORDER SHEET SHEET NO.1 CA No.431 of 2012
CA No.342 of 1998
CP No.90 of 1983
IN THE HIGH COURT AT CALCUTTA
IN THE MATTER OF:-
ANGELO BROS LTD.(IN LIQUIDATION) & ORS.
IN THE MATTER OF:-
HUNGERFORD INVESTMENT TRUST LTD.
THE OFFICIAL LIQUIDATOR, HIGH COURT,
The Hon'ble JUSTICE ANIRUDDHA BOSE
Date : 17th August, 2012.
Mr.N.S. Hoon appears in person.
..for the Official Liquidator.
The Court :-In this matter as per earlier direction, the Registrar, Original Side has made available the earlier orders passed in this matter by this Court. Let photocopies of these orders be retained and the original be returned to the learned Registrar, Original Side. In this matter, earlier inspection was permitted in respect of the records lying in the Office of the Official Liquidator. In the event the Chartered Accountant engaged by Mr.Hoon wants photocopies of any such document, then photocopies of the same shall be handed over to the Chartered Accountant of Mr. Hoon on payment of regular costs.
Today on behalf of the learned Official Liquidator it is submitted they could not trace out any learned Advocate by the name of Mr. P. Mukherji at 10 Old Post Office Street, Kolkata-700001. In this application, the substantive prayer of Mr.Hoon, 2
appearing in person, is for revocation of the order directing the winding up of the company. That aspect of the matter shall be examined at a later stage of this proceeding. At this stage, the concern of the Court is protection of assets of the company, which are in possession of the Official Liquidator. In the affidavit filed on behalf of the Official Liquidator, I find that the assets of the company includes the premises of its registered office cum factory premises, situated at 7, Ramgopal Ghosh Road, Cossipore, Kolkata- 700002.
It appears that possession of this property was taken over by the Official Liquidator on 26th February, 1991.
Mr.Hoon submitted in course of hearing that, as of now, there are several unauthorized persons who are residing or carrying on business from the said property. He has stated in paragraph 10 of this application that income to the tune of Rs.7.5 lakhs per month from the said property is being collected. It does not appear that any such fund is being deposited with the Official Liquidator.
In these circumstances, it becomes necessary to direct an enquiry for ascertaining who are the persons at present in occupation or possession of 7, Ramgopal Ghosh Road, Cossipore, Kolkata-700002 and as to whether any fund is being collected by any person from the said property. If any fund is collected, that should be remitted to the Official Liquidator provided the manner of collection or the fact of such occupation has been through valid legal process. If not, then this Court will have to consider passing appropriate direction. For conducting this investigation, to this court it appears that the Office of the Official Liquidator does not have adequate resource. Mr. Hoon in course of submission pointed out that there may be law and order problem also at the said spot if an enquiry is conducted. A substantial sum of money 3
can be generated from the said property. On the basis of such submission I direct the Joint Commissioner of Police, Crimes, Kolkata Police to conduct an enquiry over the possession and occupation status of various persons at 7, Ramgopal Ghosh Road, Cossipore, Kolkata-700002. Such enquiry should also ascertain as to whether the said property is generating any income to any person in whatever form the same may be, and if any person is collecting any money from the said property. If the Joint Commissioner of Police, Crimes, Kolkata Police finds such financial transactions are taking place, he shall further enquire into the matter and report to this Court in whose favour money is being collected or deposited. The Official Liquidator shall assist the Joint Commissioner of Police, Crimes, Kolkata Police. In this exercise assistance of Mr.Hoon also shall be taken by the Joint Commissioner of Police, Crimes, Kolkata Police for the purpose of his enquiry. The Official Liquidator shall furnish all details as may be sought for by the Joint Commissioner of Police, Crimes, Kolkata Police. He i.e. Joint Commissioner of Police, Crimes, Kolkata Police shall be entitled to obtain assistance of such officers from his force he may consider it necessary for conducting the enquiry in appropriate manner. The report shall be filed to this Court in this regard on 7th September, 2012. In the event, final report cannot be made by that date, at least a preliminary report shall be filed before this Court. This Court shall consider passing further order in this matter upon receiving such report.
Let the Department serve a copy of this order upon the Joint Commissioner of Police, Crimes, Kolkata Police.
Department and all parties concerned are to act on a photostat signed copy of this order on the usual undertakings.
(ANIRUDDHA BOSE, J.)