OFFICIAL LIQUIDATOR Vs. INDO-WAGON ENGINEERING LTD.

JUDGEMENT

(1.) Mr. Majumdar, learned advocate appears on behalf of the contributory and hands up order dated 10th January, 2020 passed by the Tribunal in O.A. 33/2014. He submits, his client's application for recalling the certificate, issued by the Tribunal, is under challenge and the matter posted to 5th March, 2020. As such he seeks, these applications be posted thereafter. He files affidavit-in-opposition to the application of secured creditor, Edelweiss Asset Reconstruction Company Ltd.. Mr. Sarker, learned advocate appears on behalf of applicant in C.A. 135 of 2019 and files affidavit-in-opposition to the application of said secured creditor. The secured creditor has applied for possession of the secured property of the company (in liquidation). Submissions of the contributory and workers are, the secured creditor having stood outside winding up, must apply before the Tribunal and not the winding up Court. The application should be dismissed.

(2.) Mr. Prasad, learned advocate appears on behalf of Provident Fund authority. Ms. Sanyal, learned advocate appears on behalf of petitioning creditor. They both want vacating of the stay of winding up.

(3.) Mr. Roy, learned advocate appears on behalf of Official Liquidator and reiterates that till date the contributory has not come up with a scheme. Mr. Saha, learned advocate appears on behalf of security agency and renews his prayer for payment.