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ARINDAM MUKHERJEE
Metal Box India Limited – Appellant
Versus
Jyotsana Poddar – Respondent
JUDGMENT
Arindam Mukherjee, J. - The plaintiff is a company within the meaning of the Companies Act, 2013 with its registered office at New Delhi and an office at Kolkata but outside the Ordinary Original Civil Jurisdiction of this Court.
2. The defendant is the widow of one Vishwanath Poddar, a shareholder of the plaintiff-company. The defendant is a resident of 4B/S, Mayur Apartments, 3A, Loudon Street, Kolkata- 700017 within the Ordinary Original Civil jurisdiction of this Court.
3. The plaintiff-company was declared a sick company on 27th May, 1988 under the provisions of Sick Industrial Companies (Special Provisions) Act, 1985 (hereinafter referred to as the SICA) by the Board of Industrial and Financial Reconstruction (BIFR). Industrial Credit and Investment Corporation (now ICICI Bank Limited) was appointed as the Operating Agency (OA) to prepare a Rehabilitation Scheme for revival of the plaintiff in accordance with the provisions of the SICA.
4. The said Vishwanath Poddar had filed a writ petition, being W.P. No.3569 of 1993 (Vishwanath Poddar vs. Board of Industrial and Financial Reconstruction & Ors.) before this Hon'ble High Court which was disposed of by an order dated 5th
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