STATE OF WEST BENGAL Vs. ARUN KUMAR BASU

JUDGEMENT

(1.) -This appeal is directed against the judgment and order passed by Hon'ble Mr. Justice Altamas Kabir in matter No. 3570 of 1990, dated 22.4.91.

(2.) The sensitive facts of the case under appeal are that by a special resolution of 11.4.1956 the Bengal Provincial Railway Company, after its incorporation under the Companies Act, 1886 commenced its voluntary liquidation for the fatal blow dealt by the activities of the Trade Union. The company could not repair the damage though tried.

(3.) To wipe out the debts, the liquidators were appointed, with the passage of time, who were entrusted with the disposal of the assets of the company, both movable and immovable. The liquidator succeeded in disposing of the movable properties of the Company but immovable properties of considerable worth could not be disposed of as it was resisted by the Dist. Magistrate and Collector, Hooghly by his letter dated March 2, 1967.