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2025 Supreme(Online)(Cal) 4019

CALCUTTA HIGH COURT
JUSTICE KRISHNA RAO, J
P. C. ROY & CO. PVT LTD (IN LIQN) – Appellant
Versus
THE OFFICIAL LIQUIDATOR – Respondent
CP/203/1973



Advocates:
For the Appellants/Petitioners: Mr. Rudradeb Chowdhury, Ms. Ranjana Seal, Ms. Saolini Basu, Ms. Antara Biswas, Mr. P.K. Drolia, Mr. Sunil Kumar Singhania
For the Respondents: Mr. Subrata Goswami, Mr. Debrup Bhattacharjee, Mr. Ranajit Chowdhury, Mr. Purnendu Modak

The court emphasizes the need for proper identification and demarcation of property claimed by heirs in liquidation cases, ensuring protection for officials involved in these processes.

Headnote:(A) Companies Act, 2013 - Section relating to liquidation - Identification and demarcation of property claimed by an heir of the liquidated company - Official Liquidator directed to facilitate demarcation and police protection during the process - The applicant has shown entitlement based on documentation, necessitating clarification of property ownership and precautions for security. (Paras 1-4)

(B) Liquidation Proceedings - Duties of Official Liquidator - In charge of managing assets of liquidated companies, including facilitating processes related to property claims and ensuring the protection of officials involved in demarcation. (Para 3)

Facts of the case:
The applicant claims to be the sole heir of shares in the company in liquidation and seeks direction for demarcation of property previously bequeathed to him. The applicant provided documents to the Official Liquidator, who has requested guidance from relevant authorities for identification.

Findings of Court:
The court directed the concerned District Collector and Revenue Authority to conduct demarcation in the presence of the Official Liquidator and the applicant, and provided police protection to facilitate this process.

Issues: The core issue involves the identification of property belonging to the company in liquidation as claimed by the applicant, and the direction for official demarcation and protection.

Ratio Decidendi: The court established that the Official Liquidator must facilitate the demarcation of property claimed by an heir, ensuring proper procedure and safety during this process, emphasizing the need for cooperation among officials involved.

Result: The court directed the demarcation of the property and provision of necessary police protection.

Table of Content
1. claim by heir for property in liquidation. (Para 1)
2. arguments presented regarding applicant's claim. (Para 2)
3. court orders demarcation and police protection. (Para 3 , 4)
4. conclusion for next steps and inquiries. (Para 5)

1. The applicant Mr. Amalendu Karmakar, son of Late Bijay Krishna Karmakar resident of 4/6, Aswini Dutta Road, P.S. – Dum Dum, Dist. – North 24 Parganas, Kolkata – 700028 has filed the present application being CA/4/2025 claiming that he is the sole heir of the share-holders of the P.C. Ray and Company India Pvt. Ltd. (In Liquidation). He submits that on scrutiny of the document and title deed, he came to know that Late Gayatri Ray had bequeathed her landed property to the applicant in connection with land bearing survey no. 58 measuring 3 acres 23 guntas, survey no. 62/2 measuring 3 acres 21 guntas and survey no.60/1 measuring 2 acres situated at Village – Nachanahalli, Taluk-Mysore, District-Mysore. The copy of the said documents were handed over to the Official Liquidator and on receipt of the said documents, the Official Liquidator has submitted report praying for direction upon the Commissioner, Mysore Urban Development Authority (MUDA) and the Deputy Commissioner -cum- Collector, Mysore and Commissioner of Mysore Municipal Corporation to depute Officials for demarcation of the aforesaid landed property and to provide the documents and the sketch map of the property in question. The Official Liquidator also prayed for a direction upon the Commissioner of Police or the competent police authority of the said area wherein the landed property is situated to provide adequate police protection for conducting demarcation for the purpose of identification of the property in question as well as for taking possession of the said property.

2. Heard the Learned Counsel for the respective parties.

3. This Court finds that the applicant is claiming the said landed property being the property of the company which is in liquidation and the Official Liquidator is in charge of the property. Thus, for the identification of the said landed property and for taking possession of the said landed property, the Deputy Commissioner or the District Collector of the concerned district and the concerned Revenue Authority are directed to conduct the demarcation of the aforesaid landed property in presence of the Official Liquidator or representative of the Official Liquidator of this Court and in presence of the applicant for the purpose of identification and if the authorities found that the land in question is free from all encumbrances after demarcation in presence of the Official Liquidator or the representative of the Official Liquidator and the applicant, the said property be handed over to the Official Liquidator and if the landed property is handed over to the Official Liquidator, the Official Liquidator shall take possession of the said property.

4. The police authorities of the concerned district are also directed that if any request is made by the concerned District Collector or the Official Liquidator for providing adequate police protection at the time of demarcation of the said landed property, the concerned police officer shall provide adequate police protection to the District Collector as well as to the Official Liquidator at the time of demarcation and identification of the landed property as well as at the time of giving possession of the said landed property to the Official Liquidator.

5. All the expenditure shall be borne by the applicant and the Official Liquidator shall submit the report within six weeks from date.

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