ORDER SHEET

ACO 138 OF 2016

WITH
APOT 328 OF 2016
ACO 139 OF 2016
C.P.NO.84 OF 2016
IN THE HIGH COURT AT CALCUTTA
ORIGINAL SIDE

TYRE CORPORATION OF INDIA LTD.(IN LIQUIDATION.)

Versus
ANUP HOME ROY AND ANR.

BEFORE:

The Hon'ble CHIEF JUSTICE GIRISH CHANDRA GUPTA

The Hon'ble JUSTICE ARINDAM SINHA

Date : 17th November, 2016.

For Appellant/Petitioner : Mrs.S.Chowdhury,Advocate

Ms.Sonia Sharma,Advocate

For respondent no.3 : Mr.Pratap Chatterjee, Sr.Advocate

Mr.Mainak Bose,Advocate
Mr.R.K.Basu,Advocate
Mr.A.Jain,Advocate

For Central Government : Mr.Kaushik Chandra, Sr.Advocate

Mr.K.J.Tiwari,Advocate
Mr.Ranajit Chowdhury,Advocate

The Court : Mr.Chatterjee, learned Senior Advocate appearing on behalf

of the purchaser prayed for variation of our order dated 3rd October, 2016 by which the

order under challenge was stayed by us. He submitted that his client has already
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invested a sum of Rs.12 Crores. On the top of that, his client has engaged almost 100

persons to dismantle the machinery and the shed. Part of the moveables have also been

removed already. According to him, his client should be allowed to continue to remove

the movables. In other words, the stay should be there with respect to immovable

property and stay with respect to the movables should be vacated.

We have stayed the entire order dated 16th June, 2016. Acceding to the prayer of

Mr.Chatterjee, would amount to dismissal of the appeal to that extent which is not

advisable, in the facts and circumstances of the case. Therefore, the stay already granted

shall continue till the disposal of the appeal. The appeal shall be heard out. Let this

appeal be listed in the first week of December, 2016.

The petitioner shall be entitled to make an inventory of the goods lying, as on

date, in the factory of the company (In Liqn.) upon notice to the purchaser who are in

possession thereof. The purchaser is restrained by an order of injunction from removing

any items/goods lying at the factory premises.

Stay application is, thus, disposed of.

Let Affidavits filed in court today be kept on record.

(GIRISH CHANDRA GUPTA,CJ.)

(ARINDAM SINHA, J.)

ssaha
AR(CR)