Calcutta High Court
M/S. Shree Synthetics Limited (In … vs Government Of Madhya Pradesh on 10 July, 2025
Author: Aniruddha Roy
Bench: Aniruddha Roy
OD-6
IN THE HIGH COURT AT CALCUTTA
ORDINARY ORIGINAL CIVIL JURISDICTION
ORIGINAL SIDE
IA NO. CA/63/2025
In BIFR/114/1997
M/S. SHREE SYNTHETICS LIMITED (IN LIQUIDATION)
Vs
GOVERNMENT OF MADHYA PRADESH
-VS-
THE OFFICIAL LIQUIDATOR
BEFORE:
The Hon'ble JUSTICE ANIRUDDHA ROY
Date : 10th July, 2025.
Appearance:-
Mr. Manoj Munshi, Sr. Adv.
Ms. Usha Doshi, Adv.
…for applicant
Mr. Pratik Ghosh, Adv.
Mr. Avishek Roychowdhury, Adv.
…For Edelweiss Asste Reconstruction Co. Ltd.
Mr. Manoj Munshi, Sr. Adv,
Ms. Usha Doshi, Adv.
…For the Government of Madhya Pradesh
Mr. Narendra Kedia, Adv.
…For Gujarat State Fertilizers and Chemical limited
Mr. Sanjib Dawn, Adv.
…For UTI Assets Management Company Limited
Ms. Meenakshi Manot, Adv.
Mr. Saubhik Chowdhury, Adv.
Ms. Sayantani Banerjee, Adv.
…For ICICI Bank Limited
Ms. Soma Chakraborty, Adv.
…For secured creditor National Insurance Company Ltd.
Mr. Shiv Chandra Prasad, Adv.
…For Synthetics Yuva Shramik Aom Karmchari Sangh, Ujjain.
Mr. Sunil Kr. Singhania, Adv.
…For Kayvee Polyesters Private Limited
And Sree Synthetic Shramik UnionMr. Samsul Kabir Humayan Reza, Adv.
…For the Congress Karmachari
2Mr. Prakash Chandra Solanki, Adv.
…For the Shree Synthetics cooperative society
Mr. Ranajit Chowdhury, Adv.
Ms. S. Saha, Adv.
…For Official Liquidator.
The Court : Affidavit of service filed on behalf of the applicant in the
instant application, namely, Government of Madhya Pradesh, in Court today is
taken on record.
This is an assigned company matter.
Pursuant to the Order dated June 12, 2025, the Official Liquidator
has caused the necessary publication in the three newspapers mentioned in
the said order, as submitted by Mr. Ranajit Chowdhury, learned Advocate
appearing for the Official Liquidator, upon instruction received from his client.
However, none of the original publications has been produced before this Court
through affidavit of service following the due procedure, laid down in the rules.
RE: CA 63 OF 2025
Mr. Ranajit Chowdhury, Learned Counsel appearing for the Official
Liquidator prays for leave to file affidavit in opposition to the instant
application. Such leave is granted. The affidavit in opposition affirmed on July
04, 2025 filed today in Court is taken on record.
Mr. Ranajit Chowdhury, learned Counsel for the Official Liquidator
refers to pages 17, 18 and 19 from the said affidavit in opposition and submits
that those are the extracts of the newspaper publications published in the said
three newspapers as mentioned in the order dated June 12, 2025.
3
Mr. Pratik Ghosh, learned Counsel appearing for the EDELWEISS
has filed his affidavit in opposition to the instant application today in Court.
The same is taken on record.
Ms. Soma Chakraborty, learned Counsel appearing for National
Insurance Company Limited submits that her client has already filed an
affidavit in opposition affirmed on June 25, 2025. The same is already on
record.
Mr. Ranajit Chowdhury, learned Counsel for the Official Liquidator
submits that the Official Liquidator has received three communications in
response to the newspaper publication already made. The communications are
the objections raised by three alleged secured creditors. The particular of
objections are as follows:
(i) A letter dated June 30, 2025 issued by Sinha and Company,
Advocates on behalf of the ICICI Bank Limited.
(ii) A letter of objection dated July 02, 2025 issued by Oriental
insurance Company.
(iii) A letter dated July 03, 2025 by one Synthetics Yuva Shramik
Aom Karmchari Sangh, Ujjain.
The copies of all these three objections placed before this Court on
behalf of the Official Liquidator are taken on record.
All these objectors are also represented today before this Court
through their respective learned Advocates mentioned in the appearance part
of this order.
4
Mr. Manoj Munshi, learned Senior Counsel, appearing for the
applicant/Government of Madhya Pradesh, has placed three original notarised
affidavits in reply. All these affidavits were sworn before the Notary Public at
Indore, Madhya Pradesh on A4 white paper.
Learned Advocate-on-record Ms. Usha Doshi appearing for the State
of Madhya Pradesh submits that when these three affidavits were sought to be
filed before the concerned department, such department has not accepted the
same and informed that unless these affidavits are properly stamped and
punched before the Oath Commissioner of this Court, the same cannot be
accepted but if leave is granted by the concerned Court that defect may be
cured and same may be stamped and punched before this Court and then
accepted.
On perusal of those three affidavits, it appears to this Court that they
have already been sworn before the jurisdictional Notary at Indore, Madhya
Pradesh. If it is once again sent back or the concerned authority is asked to
come before this Court to sworn on the affidavit, no fruitful purpose will be
served save and except causing a further delay. These are matters of procedure
which can be cured under such special circumstances.
However, this cannot be made a matter of practice, of course and for
the purpose of regularization of this procedure, as being directed this Court
herein, this order cannot be treated as precedence.
For substantial justice, leave is granted to have these affidavits
stamped and punched by the concerned department of this Court upon
5
compliance of all other necessary formalities and verification and the
department shall do the needful and shall accept the same.
After this procedure will be over, these affidavits shall be tendered by
Ms. Usha Doshi, learned Advocate appearing for the State of Madhya Pradesh,
who shall supervise the entire procedure by herself so that after regularization
the affidavits shall reach to this Court and made part of the record.
Since affidavit of service has not been filed by the Official Liquidator,
despite there being an order dated June 12, 2025 and the original newspaper
publications are not produced before this Court, the Official Liquidator shall
file necessary affidavit of service enclosing the original newspaper publication
within seven working days from date. The Official Liquidator shall pay the
cost of Rs.10,000/- in favour of the State Legal Aid Services Authority, West
Bengal and shall produce the money receipt before this Court on the next date.
Mr. Samsul Kabir Humayan, learned Advocate appears for the Trade
union, named, Congress Karmachari representing a batch of workers.
The president of workers’ union, namely, Sri Prakash Chandra
Solanki is also present in Court. On their prayer the said Trade Unions shall
file its affidavit in opposition to the instant application on or before August 07,
2025 upon copy being furnished to the Advocate on record for the applicant
Ms. Doshi, learned Advocate for the applicant.
The said Prakash Chandra Solanki, further submits that he is also
representing one Shree Synthetics Cooperative Society. On his prayer the
said Cooperative Society shall file their affidavit in opposition to the instant
application on or before August 7, 2025 upon copy being furnished to the
6
Advocate on record for the applicant Ms. Doshi, learned Advocate for the
applicant.
Mr. Narendra Kedia, Learned Advocate appearing for Gujarat State
Fertilizers and Chemical Limited claims to be a secured creditor. The said
secured creditor shall also file affidavit in opposition on or before August 7,
2025 upon copy being furnished to Ms. Doshi, learned Advocate for the
applicant.
Ms. Meenakshi Manot, learned Advocate appearing for ICICI Bank
Limited, claims to be a secured creditor. Thus, the secured creditor shall also
file affidavit in opposition to the instant application on or before August 7,
2025 upon copy being furnished Ms. Doshi, learned Advocate for the applicant.
Mr. Shiv Chandra Prasad, learned Advocate appearing for Synthetics
Yuva Shramik Aom Karmchari Sangh, Ujjain, claims to be a secured
creditor. The said secured creditors shall also file affidavit in opposition to the
instant application on or before August 7, 2025 upon copy being furnished Ms.
Doshi, learned Advocate for the applicant.
Mr. Sunil Kr. Singhania, learned Advocate appearing for Kayvee
Polyesters Private Limited, claims to be a secured creditor and Sree
Synthetic Shramik Union claims to be a secured creditor. The said secured
creditors shall also file affidavit in opposition to the instant application on or
before August 7, 2025 upon copy being furnished Ms. Doshi, learned Advocate
for the applicant.
7
Mr. Sanjib Dawn, learned Advocate appearing for UTI Asset
Management Company Limited, claims to be a secured creditor has already
filed affidavit in opposition, which has been taken on record.
All these secured creditors as mentioned above, who intends to file
their affidavit in opposition, shall collect copy of the application from the Office
of Ms. Usha Doshi, learned Advocate for the applicant, State of Madhya
Pradesh on usual terms on or before July 22, 2025.
Affidavits in opposition shall also be served upon Ms. Doshi at her
Office.
The applicant/State of Madhya Pradesh shall file its affidavit in reply
on or before August 28, 2025.
The matter shall appear under the heading “Company application
(Specially Assigned)” on September 11, 2025 marked at 2:00 P.M.
(ANIRUDDHA ROY, J.)
S.De
AR(CR)
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