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2017 Supreme(Cal) 529

JYOTIRMAY BHATTACHARYA, ARIJIT BANERJEE
Bangur Brothers Ltd. (In LTQN) & PDGD Investments & Trading (P) Ltd. – Appellant
Versus
Official Liquidator – Respondent


Advocates Appeared:
For the Appellant : Mr. Ratnanko Banerjee, Sr. Adv., Mr. Kuldeep Mallick, Adv., Mr. Ajay Gaggar, Adv., Mr. Sanket Sarawgi, Adv., Mr. Ashok Bose, Adv.
For the Respondent: Mr. Nilay Sengupta, Adv., Mr. Arik Banerjee, Adv., Ms. Pooja Shukla, Adv., Mr. Mukti Ghosh, Adv., Liquidator Ms. Mithua Sen, Adv.

JUDGMENT :

Arijit Banerjee, J.

1. At all material times, one Venkatish Company Limited (in short VCL) was the absolute owner of the 2nd Floor of premises no. 14, Netaji Subhas Road, Kolkata 1 (in short “the said premises”). Pursuant to an order dated 1 February, 2006 passed by this Court sanctioning a Scheme of Arrangement, the estate division of VCL along with all its properties including the said premises stood transferred to and vested in the appellant company.

2. At all material times, a company by the name of Bangur Brothers Limited (in short “the said company”) was a monthly tenant in respect of a demarcated portion of the said premises under VCL. Subsequent to the transfer of the said premises to the appellant, the said company became a tenant under the appellant.

3. It appears that the said company had inducted various sub-tenants in various demarcated portions of the said premises. Some of such sub-tenants are Jugal Kishore Agarwal, Ghanshyam Das Agarwal and Nirmal Kumar Agarwal (collectively referred to as “the Agarwals”); Neepaz Metaliks Private Limited (in short Neepaz) and Adhunik Corporation Limited (in short Adhunik).

4. By an order of this Court passed on 6 December, 200

































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