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Re: Precision Engineering & Fabricators Pvt Ltd. (In Liqn.) & Another v/s The O/L, High Court, Calcutta

    CA. No. 236 of 2018 With CP. No. 487 of 2016

    Decided On, 10 August 2018

    At, High Court of Judicature at Calcutta


    For the Appearing Parties: Prathamesh Kamat, Zoeb Cutlerywala, Ratul Das, Niladri Banerjee, S. Barua, Advocates.

Judgment Text

1. The applicant, a body corporate constituted under the laws of Republic of Panama and having its registered office at Panama has filed this application, alleging that the Official Liquidator of this Court has taken possession of the shipyard belonging to M/s. Precision Engineering & Fabricators Pvt. Ltd. (hereinafter referred to as 'the company'), at Falta where its vessel M.V. Jada is lying for dry dock and repair.

In the cause title of the application the applicant has not mentioned the registered office of the company, nor has it served a copy of this application upon the company. Since the applicant has not served a copy of the application upon the company, it remains unrepresented before this Court.

The petitioner has filed this application on the basis of an order dated February 07, 2018 passed by this Court directing winding up of the company with a direction upon the Official Liquidator to take possession of all the assets and properties of the company. In the application the petitioner has prayed for various relief, including a direction upon the Official Liquidator to permit it to enter the said ship yard of the company at Falta and to carry out the dry docking work of the vessel M.V. Jada, as also to allow the petitioner and or its master/crew/ agent to sail away the said vessel. However, the Official Liquidator, submitted that in terms of an order dated May 18, 2018 passed by a learned Single Judge of this Court in CA No.90 of 2018, in CP No.487 of 2016 the order of winding-up of the company was recalled and consequently, the possession of all assets and properties of the company has been returned back.

From a perusal of the said order it is clear that the order dated February 7, 2018 passed in CP No.487 of 2016 by which the company was directed to be wound up was recalled. Accordingly, the Official Liquidator was required to return all the assets and properties of the company to its directors. Thus, there is no scope for any doubt that the shipyard of the company at Falta is not in possession of the Official Liquidator and the present application filed by the petitioner is utterly misconceived.

Accordingly, the application, CA No.236 of 2018 stands dismissed, with costs assessed at Rs.25,000/- (Rupees Twenty Five Thousand only) to be paid by the petitioner to the State Legal Services Authority within August 20, 2018.

The State Legal Services Authority shall util

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ise the costs to be deposited by the petitioner for the welfare activities of the juveniles. Let this application appear, under the heading ‘To Be Mentioned’, on August 22, 2018 to ascertain if the above costs has been deposited by the petitioner.