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COMA/57/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
COMPANY
APPLICATION No. 57 of 2010
In
COMPANY
PETITION No. 127 of 1995
=========================================================
RATANSINH
PRABHATSINH CHAUHAN - Applicant(s)
Versus
OFFICIAL
LIQUIDATOR OF M/S NEEKA TUBES LTD ( IN LIQN.) & 2 - Respondent(s)
=========================================================
Appearance :
MR
ND SONGARA for
Applicant(s) : 1,
OFFICIAL LIQUIDATOR for Respondent(s) : 1,
None
for Respondent(s) : 2 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 19/03/2010
ORAL
ORDER
Present
Judge’s Summons has been taken out by the applicant, ex-workman of
Company in liquidator i.e. M/s.Neeka Tubes Ltd. for an appropriate
order directing the respondent-Official Liquidator to verify the
claim of the petitioner and to pay the amount of legal dues to the
petitioner as per the order passed by the Labour Court, Ahmedabad.
It
is not in dispute that applicant-workman has lodged his claim in the
office of the Official Liquidator as far as back on 28th
July, 2009 and still there is no response from the office of the
Official Liquidator. Even the claim lodged by the applicant is not
even got verified by the Official Liquidator through Chartered
Accountant despite more than approximately 6 months have been
passed.
Shri
Hiren Modi, learned advocate appearing on behalf of the Official
Liquidator in the presence of the Official Liquidator has tried to
explain the delay in not considering the claim lodged by the
applicant and by not getting it verified through the Chartered
Accountant by submitting that due to lack of infrastructure, there
is delay on the part of the office of the Official Liquidator. It is
to be noted that office of the Official Liquidator who is also the
custodian of the dues of the workman of the company in liquidation
is also required to consider the problems faced by the workman of
the Company in liquidation. In the present case, the fact remains
that though more than 6 months have been passed after lodging the
claim by the applicant, even the claim lodged by the
petitioner-workman is not got it verified through the Chartered
Accountant.
Under
the circumstances, the Official Liquidator is hereby directed to get
the claim lodged by the petitioner verified through Chartered
Accountant within a period of 3 months from today and communicate
the same to the petitioner, what amount the petitioner is entitled
to as per the Official Liquidator and pay to the petitioner whatever
the amount due and payable to the applicant, even as per Official
Liquidator, after getting the claim of the petitioner verified
within a period of 1 month thereafter.
It
goes without saying that if the applicant is aggrieved by the
decision of the Official Liquidator in that case, it will be open
for him to challenge the same by way of appropriate application.
With
this, present application is disposed of.
Before
parting with the present order and while disposing of the present
application, it is observed and directed to the Official Liquidator
that in future in all cases wherever the claim is lodged by any
workman of the Company in liquidation, in that case, the same shall
be verified through Chartered Accountant immediately but not later
than 3 (three) months from the date of receipt of said claim and
inform the concerned workman accordingly and make the payment
immediately in accordance with law and considering the provisions of
the Companies Act, 1956.
(M.R.SHAH,
J.)
(ashish)
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