Case Law Details
NISCHINTAPUR TEA CO. LTD Versus SUBRATA SEN & ORS ( Calcutta High Court) – An application under Section 397 and 398 of the Companies Act, 1956 (hereinafter ‘the Act’) was filed in this court way back in 1985. It was numbered as C.P. No. 252 of 1985. It is still pending. The petitioner in that application was one Amita Sen, who has since died. In her place, her three sons Subrata, Ranjan and Sanjay are now substituted as petitioners being petitioner nos. 1.(a), (b) and (c).Two applications were heard by me for several days. They were most seriously contested. One of them (C.A. No. 686 of 2010) was an application by the company for dismissal of the Section 397, 398 application. One Ajit Kumar Agarwal, opposed this application as an intervenor. It was strenuously argued on his behalf that the company should not be granted the prayers. Neither, the petitioners in the Section 397, 398 application should be allowed to withdraw from the application. He made an application (C.A. No. 721 of 2010)for dismissal of C.A. 686 of 2010.
The company and the petitioners in the Section 397, 398 application were together on one side. They were represented by a battery of counsel. One set of counsel represented the company. Another set represented the petitioners. Ajit Kumar Agarwal, was also very well represented.The learned counsel for the company and the petitioners submitted that Ajit Kumar Agarwal had no locus standi to make the application. Similar submission was made on behalf of Ajit Kumar Agarwal that the alleged application by the Company was made by an incompetent person. It was submitted that Sujit Kumar Chatterjee, who affirmed the affidavit in support of the Judge’s Summons, on behalf of the company had no competence to do so. Therefore, the application for dismissal made by the company was incompetent and should be dismissed. This point had to be decided by the court first. So much so, that at the close of submissions a separate application was made by Ajit Kumar Agarwal being C.A. No. 541 of 2011 imploring me to decide the question first when I delivered the judgment. At the time of close of arguments, I reserved judgment in that application also to be delivered with the judgment in the other two applications.
Judgment :
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
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