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2010 Supreme(Cal) 248

SANJIB BANERJEE
AOP (India) Pvt. Ltd. Workers Union – Appellant
Versus
Official Liquidator – Respondent


Advocates appeared:
Mr. Debangshu Basak and Deepnath Roychowdhury ... for the Workmen
Mr. Nimish Mishra ...for the Bank of India
Mr. S. S. Basu ...for the Rabindranath Saha
Mr. Susanta Dutta ...for the Official Liquidator

Judgment :

C.A.No.383 of 2007 is the first application in point of time made by some workers along with an alleged well-wisher of the company (in liquidation) invoking Sections 391, 394 and 466 of the Companies Act, 1956 in the same breath. The applicants in C.A.No.383 of 2007 expressed a pious wish to run the business of the company (in liquidation) and obtained an interim order on July 2, 2008. The order stayed the winding up of the company for a period of six months. Paragraph-4.2 of the order referred to a solitary applicant and recognized such solitary applicant to be an ex-worker and a contributory holding "35 per cent share" in the company (in liquidation). The order of July 2, 2008 also recorded as follows:-

"The ex-workers and the applicants have found a strategic partner in the applicant No. 6 who is ready and willing to invest sums for revival of the said company. From the viability report of the chartered accountant, the customers of the company (in liquidation), are prestigious organisation and, in the event, such customers give business to the company (in liquidation) its revival may be possible."

2. A committee of management was formed under the aegis of a special offic























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