Order No.02.

20-01-2014  :  Dhr is present and one official letter of Deputy Director, Legal, Office of the Official Liquidator, Calcutta High Court is received by post wherefrom it is found that as per judgment of this Forum passed in C.C. No.25 of 2012 dated 24-10-2013 complainant was directed to appear before the Official Liquidator, Calcutta High Court and further from the judgment of the Forum it is found that this Forum directed the complainant to appear before the Official Liquidator, Calcutta High Court to dispose of finally the claim of the complainant and handing over the CR Certificate of 600 ITC Hotels after amalgamation as early as possible and invariably letters of Liquidator took the matter seriously and dispose of the same without any further delay.  On the ground Hon’ble High Court, already appointed Official Liquidator in the matter of St. John Thomas Service Pvt. Ltd. (on liquidation) for granting proper relief to the complainant and fact remains as per provision of Companies Act after appointment of Official Liquidator by the Hon’ble Calcutta High Court in respect of any company which is closed or has been declared close and in the present case same thing happened and when the Official Liquidator is appointed already prior to file of the complaint this Forum did not decide the dispute as it is not permissible as per law but only this Forum directed the complainant to appear before the Official Liquidator for relief and also this Forum requested the Official Liquidator to give him relief as per law.

            From the letter of the Official Liquidator dated 07-01-2014 it is found that Official Liquidator after receipt of the copy of this order already issued a letter to ITC Ltd. to issue the necessary certificate to the complainant in accordance with the provision of the Companies Act, 1956.  As it is their duty to issue certificate in respect of 2160 shares of ITC Ltd. after amalgamation.  Further from the said letter it is clear the Official Liquidator requested the lawyer of the present Dhr i.e. to Ved Sharma to forward the documents of the purchase of 1000 shares in the year 2000 and other correspondences including the reply of ITC Ltd. on 25-04-2014 but Dhr’s lawyer did not submit it but it is very much necessary for the Official Liquidator. 

            Considering the letter of the Official Liquidator dated 07-11-2014 and also considering the judgment of this Forum passed in C.C. Case No.25 of 2012 on 24-10-2013 we are confirmed that there was no scope to proceed with the execution case but as per direction of this Forum and as per spirit of the order passed in the said C.C. Case everything shall be decided by the Official Liquidator henceforth and complainant (Dhr) shall have to take all steps in this regard before Official Liquidator of Calcutta High Court but we are very much sure that Official Liquidator shall give all supports of social and moral help to the present complainant (Dhr) so that he may copy the said certificate and no doubt it is a moral and legal duty of the Official Liquidator to save the interest of the shareholders of ITC.  

            Accordingly, no further order is passed and thus this execution case is disposed of finally.  Dhr is to follow instruction of the Official Liquidator to get relief and this Forum has no further legal duty and has further no jurisdiction to entertain any further complaint or execution before this Forum.

            Thus, this execution case is disposed of in final form.