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Judgment
A minor correction needs to be made in order dated 2nd January, 2018. The words "roster of", appearing in the last paragraph of the said order be deleted.
Mr. Surajit Nath Mitra, learned senior advocate, resumes his submissions. In the context of the judgment of the Supreme Court in Yashdeep Trexim Pvt. Ltd. (supra), he refers to order dated 2nd March, 2017, passed by this Court. He submits, the view of this Court was that it is only after there is a finding as to who is to be in control of the company, can the question of locus of the clients of Mr. Saha, learned senior advocate, to apply for appointment of Joint Special Officers be gone into. There was no challenge to this order. On the top of that, when later before the Supreme Court the matter was being heard, which resulted in the judgment dated 30th August, 2017, the persons claiming to be in control of the company had not brought to the notice of that Court their contention raised today that the winding up proceeding of the company stood permanently stayed as observed by the said Court. The said persons having thus omitted, cannot now come and seek adjudication on the question of stay for the purpose of disposal of the company petition.
He next refers to another order dated 13th April, 2017, also of this Court. He draws attention to the extract of an earlier order dated 9th January, 2003 of a Division Bench of this Court, in the said order. The directions of the Division Bench were made on 7th January, 2003 in the winding up proceeding of the company. The said directions were found to be subsisting by this Court as on 13th April, 2017. This militates against the contention that the winding up proceeding has been permanently stayed.
The procedure for hearing this matter is to be changed as follows. This matter will be listed marked at 2 p.m. on Original Side days. The other matters which are to be listed will be marked at 3.30 p.m. onwards.