OD-2
ORDER SHEET
APOT/135/2021
With
EC/135/2019
IA No. GA/1/2021
IN THE HIGH COURT AT CALCUTTA
CIVIL APPELLATE JURISDICTION
ORIGINAL SIDE
ASSET RECONSTRUCTION COMPANY INDIA LIMITED
Versus
SREI EQUIPMENT FINANCE LIMITED AND ORS.
BEFORE:
The Hon'ble JUSTICE [Link]
And
The Hon’ble JUSTICE KAUSIK CHANDA
Date : 5th January, 2022.
(Via Video Conference)
Appearance:
Mr. Rohit Das, Adv.
…for the appellant
Mr. Swatarup Banerjee, Adv.
Mr. Avishek Guha, Adv.
Ms. Akansha Chopra, Adv.
…for the respondents
Mr. Ranajit Chowdhury, Adv.
…for the Official Liquidator
The Court :- We admit the appeal.
The assets in question have been sold.
The purchaser has paid the price to the respondent no.1 and has
taken possession of the assets.
The Official Liquidator, it is submitted, is demanding a little more than
Rs.20 lakhs from the appellant, the secured creditor, of the respondent no.3
which is under liquidation by an order of this Court as reimbursement of
expenses for protecting the said assets which were lying in the premises of
the respondent no.3, Bhoomi Minerals Limited (in liquidation).
As an interim order, we direct the appellant to keep a sum of Rs.20
lakhs in a separate account by 17th January 2022 upon intimation to the
other parties and the official liquidator, till the disposal of this appeal or until
further orders, whichever is earlier.
2
Till 17th January, 2022, the Official Liquidator will not take any steps
against the appellant in terms of the impugned order. Upon compliance with
the above condition, this status quo will continue till disposal of the appeal.
In default, the Official Liquidator may take such steps as may be
available to him in accordance with law.
As the respondents are represented by learned counsel, we dispense
with issuance and service of the notice of appeal.
Other formalities are dispensed with.
We direct advocate on record for the appellant to prepare an informal
paper book and file the same in this court by 28th January, 2022, serving a
copy thereof on the advocate on record for the respondents at least seven
days before the date of hearing of the appeal.
List this appeal for hearing on 14th February, 2022.
The application (IA [Link]/1/2021) is disposed of.
([Link], J.)
(KAUSIK CHANDA, J.)
cs.