EMERALD PRINTING WORKS LTD Vs. STATE

JUDGEMENT

(1.) THIS is an application under Clause 13 of the Letters Patent and Sec. 24 of the Code of Civil Procedure for transfer of a suit from the Alipore Court (being T. S. No. 13 of 1963) to this Court.

(2.) BY an order of this Court dated December 13, 1954 The Emerald Printing works Ltd. was wound up and the Official Receiver of this Court was appointed the Liquidator. By another order made on February 13, 1962 the Official Liquidator was appointed the Official Liquidator of the Company. The properties of Emerald Printing Works Ltd. (hereinafter referred to as the company) were sold pursuant to orders of this Court to Power Plant and Construction co. in or about September 1957. The purchasers however failed to remove the structures within the agreed time and thereupon they created a charge on the said properties in favour of the Official Liquidator for payment of the outstanding dues of the Official Liquidator in the shape of compensation equivalent to rent payable to the landlord of premises No. 81/1 Sarat Bose Road, Calcutta, Darwan's wages, interest etc. The Official Liquidator was holding over the said premises as a monthly tenant at a rent of Rs. 120 per month. In addition to rent the Official Liquidator had to pay Corporation taxes at the rate of Rs. 205 per quarter besides wages of the Darwans posted at the premises.

(3.) ON June 18, 1962 the Official Liquidator made an application to this Court for an order directing the said purchaser to pay the Official Liquidator a sum of Rs. 11,744. 58 np. as arrears of interest, compensation equivalent to rent, Corporation taxes etc. within September 15, 1962, and in default thereof, the structures, press and other articles lying at No. 81/1 Sarat Bose Road be sold by the Official Liquidator by public auction. An order was made directing the Official Liquidator to sell the structures, press and other articles by public auction. The Official Liquidator was directed to make over possession of the premises and surrender the tenancy to the landlord within a month from the sale of the same. The purchaser failed to pay the said sum of Rs. 11,744. 58 np. within the period provided by the aforesaid order and the Official Liquidator thereupon appointed a firm of auctioneers to sell the structures and machinery by public auction. Thereafter the purchaser made an application to this Court for setting aside the order made on June 18, 1962 and this application was dismissed on December 18, 1962.