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1990 Supreme(Cal) 103

Probodh Dinkarrao Desai, Shyamal Kumar Sen
Sharawan Kumar Agarwal – Appellant
Versus
Shrinenp Investment Ltd. – Respondent


Advocates Appeared:
S. K. Kapoor, Jayanta Mitra, A. Mukherjee for the appellant;
P. C. Sen, S. Pal, C. K. Jain for the respondent no. 1;
Somnath Chatterjee, Jayanta Banerjee, Sakti Chatterjee for the workmen;
A. C. Kar for the official liquidator;
A. K. Dhandhania for the Indian Bank and IRBI;
Sudipta Sarkar, S. N. Mukherjee for D. C. Group Pvt. Ltd. for interveners.

JUDGMENT

Per Chief Justice (C. A. V.) : By an order passed on August 3, 1988, the Hanuman Cotton Mills Ltd. was wound up and the Official Liquidator was directed to take possession of the assets of the Company. On September 2-5, 1988, the Official Liquidator took possession of the assets which comprised, inter alia, the plant, machinery, land and building of the manufacturing unit situate at Fuleshwar, Howrah.

2. On October 6, 1988, the Official Liquidator sought direction from the learned Company Judge (hereinafter referred to as "the Court) for the appointment of a valuer to value the assets. By an order passed on December 22, 1988 a valuer was appointed. The valuer submitted his report on April 12, 19159, in which the assets were valued at a little above Rupees One Crore.

3. On April 21, 1989, the Court issued directions for the sale of the assets of the Company (in liquidation), including the factory premises, as per inventory, by public auction and by inviting sealed tenders upon advertisement, once each in an English Newspaper (the Statesman) and in a Bengali and a Hindi Newspapers (Jugantar and Viswamitra) as per usual terms and conditions of sale. The advertisement was directe
























































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