Mackintosh Burn Ltd vs Sarkar & Chowdhury

M/s. Sarkar & Chowdhury Enterprises Pvt. Ltd. & Anr. ...Respondents

Present: For Appellant : Mr. Sumesh Dhawan, Mr. Indranil Ghosh, Mr. Palzer Moktan, Ms. Arushi Arora and Mr. Akash Yadav, Advocates

For Respondents : Mr. Abhijit Sinha, Mr. Vikrant Pachrard, Mr. Iram Hassan and Mr. Nitin Kumar Chahar, Advocates

ORDER

10.01.2020 After the order of this Appellate Tribunal passed on 6th

January, 2020, personal appearance of the Directors of the Appellant has been

dispensed with as they have given undertaking of the compliance before the

'National Company Law Tribunal' Kolkata Bench, Kolkata ('Tribunal', for short).

The Tribunal by order dated 7th January, 2020 passed the following order:

'Ld. Sr. Counsel for the petitioners appears. Ld. Sr.

Counsel for the respondents appears.

In pursuance of the notice issued in Cont. a. No.

1681/KB/2019, all the non applicant contemnors are

present in person. Ld. Counsel for the Directors repeatedly

sought for leave to file reply affidavit challenging the

maintainability of the contempt application and also press 2

for hearing of the Misc. A. No. 02/KB/2020 which is

review petition filed challenging the order in CP dated

11/12/2019. Till date no appeal has been preferred in CP

No. 151/2014.

Vide order dated 27/08/2019, we appointed a Special

Officer directing him to take appropriate steps to register

transfer of shares fully mentioned in the letter dated

02/07/2014 as mentioned in the order. Efforts of Special

Officer in registering the transfer as directed has not been

completed due to the alleged non-cooperation on the side

of the directors of respondent no. 1 company. According to

the Ld. Counsel, it was because no proper notice had been

given by the Special Officer. Today, when the case came

up for consideration, Ld. Counsel appearing for the

directors submits that Special Officer before approaching

the Directors may give prior notice so that the order could

be complied, subject to the challenge of the respondents

regarding the maintainability of contempt petition, as well

as order on the review petition.

Subject to the above said observations, we direct the

Special Officer to register transfer of shares in compliance

of the directions given in the order dated 27/08/2019.

Special Officer has to report at the Corporate Office of the

respondent No. 1 Company located at Salt Lake City on

14/01/2020 at 11 A.M. Directors are directed to cooperate

Company Appeal (AT) No. 02 of 2020 3

with the Special Officer vide order dated 18/09/2018 and

transfer the shares subject to the outcome of the challenge

of the respondents regarding the maintainability of

contempt petition as well as review petition. For the time

being personal appearance of the directors of respondent

no. 1 company is dispensed with.

Ld. Sr. Counsel for the respondents further prays that no

third party interest will be created upon transfer of shares

by the transferee of shares.

List the contempt application and the review petition on

21/02/2020 at 12 O' Clock."

In the circumstances, we are not inclined to interfere with the impugned

order dated 11th December, 2019 nor inclined to issue any direction to the

Tribunal.

The appeal stands disposed of. No order as to costs.

[Justice S.J. Mukhopadhaya] Chairperson

[ Justice Bansi Lal Bhat ] Member (Judicial)

/ns/sk/

Company Appeal (AT) No. 02 of 2020