TMI Blog2010 (12) TMI 1065X X X X Extracts X X X X X X X X Extracts X X X X ..... te. The winding up order will remain but all steps in winding up are to remain suspended till further orders. No sale of any asset of the company in liquidation is to be made or any steps taken for such sale till further orders of this court. No disbursement to any creditor or contributor should be made till further orders of this court. - C.A. NOS. 167 OF 2008 AND 736 OF 2010 - - - Dated:- 20-12-2010 - I.P. MUKERJI, J. Alok Banerjee, A. Sarkar, Utpal Bose and Anup Mukhopadhyan for the Applicant. Ms. Smita Das De for the Official Liquidator. JUDGMENT 1. An order of the hon ble Supreme Court of India has occasioned consideration by this court, of this application by the Tea Board. It is numbered as C. A. No.167 of 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hand over the same with liabilities to a suitable private entrepreneur to be selected from expression of interest (EoI) received from the prospective bidders in response to the public notice to be issued by the Central Government in leading newspapers ; (B)The official liquidator be directed to allow the Central Government to take over the tea estate in question, viz., Dheklapara Tea Estate and to hand over to a suitable entrepreneur to be selected from expression of interest (EoI) received from the prospective bidders along with the liabilities of the said tea estate in response to the public notice to be issued in the leading newspapers by the Central Government ; (C)Injunction restraining the official liquidator from taking steps an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ese terms : "(2) Where a company owning a tea undertaking is being wound up by or under the supervision of the court and the business of such company is not being continued, the Central Government may, if it is of opinion that it is necessary, in the interest of the general public, and, in particular, in the interest of production, supply or distribution of tea to investigate into the possibility of running or restarting the tea undertaking, make an application to the court praying for permission to make or cause to be made, an investigation into such possibility by such person or body of persons as that Government may appoint for the purpose ; and, where such an application is made, the court shall, notwithstanding anything contained in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... section 16B(2) as discussed above. 11. First, there must be formation of an opinion by the Central Government that considering the public interest or the interest of the tea industry an investigation has to be made as to whether such tea undertaking can be restarted. In my opinion, section 16C making provision for restarting by those who are in charge of the tea undertaking at that point of time is not applicable in this case as the official liquidator cannot be said to be running the undertaking. He is only in custody of it for the purpose of its liquidation. 12. Then comes the application of section 16E(1) for handing over management to any other person or body of persons. 13. The Supreme Court in its order dated August 6, 2010, has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ibility of running or restarting that tea estate under section 16E(1) by any person or body. In considering the case under section 16E(1) the Central Government is to consider the ability of the applicant shareholder before me, Gopinath Das holding 75.6 per cent. shares in the company, to restart the tea estate by himself or with other contributors, creditors and so on. This consideration must be with reasons. 18. After such consideration is complete and report prepared the Tea Board may apply to this court by way of a fresh application for orders for formal handing over of the tea estate to any person or body of persons selected by it for running the estate. 19. The winding up order will remain but all steps in winding up are to remain ..... X X X X Extracts X X X X X X X X Extracts X X X X
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