Gujarat High Court Case Information System
Print
COMA/30/2010 5/ 5 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
COMPANY
APPLICATION No. 30 of 2010
In
COMPANY
APPLICATION No. 314 of 2007
In
COMPANY PETITION No. 157 of
1995
=========================================================
ABDUL
MAJID GULAM MAYUDDIN - Applicant(s)
Versus
OFFICIAL
LIQUIDATOR - Respondent(s)
=========================================================
Appearance :
MR
AFTABHUSEN ANSARI for
Applicant(s) : 1,
OFFICIAL LIQUIDATOR for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE D.A.MEHTA
Date
: 04/02/2010
ORAL
ORDER
1. This
Application has been preferred with the following prayers :
9. The
petitioner, therefore, humbly prays that;
(A) YOUR LORDSHIPS may kindly
be pleased to admit and allow the present application.
(B) YOUR LORDSHIPS may kindly
be pleased to direct the Official Liquidator to make payment of
Rupees 21,087/- to the present applicant immediately before this
Honourable Court itself.
(C)YOUR LORDSHIPS may kindly
be pleased to take suitable actions against the Office of Official
Liquidator for not complying the order of this Honourable Court dated
15.09.2009.
(D) YOUR LORDSHIPS may be
pleased to grant such other and further relief(s) as may deed just
and proper in the facts and circumstances of the case .
2. Heard
learned Advocate for the Applicant. Attention is invited to paragraph
No.7 of order dated 15.9.2009 made in Company Application No. 314 of
2007 between the same parties. It is submitted that despite the
period of two weeks stipulated by the Court having ended as no
payment was received on 2.11.2009 notice was issued by the learned
Advocate calling upon the Official Liquidator to comply with the
order made by the Court despite which as there was no compliance, the
Applicant workman has been constrained to approach this Court by way
of this Application.
3. Learned
Advocate appearing for Official Liquidator on advance copy states,
under instructions, that a lapse has occurred in the Office of the
Official Liquidator for which necessary steps have been initiated to
conduct an inquiry and fix the responsibility as to the person who
has committed the lapse. Learned Advocate further states that cheque
for a sum of Rs.21,087/- drawn on Punjab National Bank, Ashram Road
Branch being No. 498712 dated 3.2.2010 is ready and the learned
Advocate representing the Official Liquidator is ready to tender the
same.
4. Learned
Advocate for the Applicant states that the Applicant is personally
present in the Court. Hence, learned Advocate for the Applicant is
directed to collect the payment from the learned Advocate of the
respondent and hand over to the Applicant.
5. At
this stage, the applicant, who is personally present in the Court,
expressed his unwillingness to accept the cheque and hence the
Official Liquidator is
directed to send the said cheque by Regd. Post A.D. at the last known
address of the applicant.
6. At
the request of learned advocate for the applicant, the matter was
kept back in the second session. When the matter is called out Shri
K.I. Kazi, learned advocate appears on behalf of Mr.A.A. Ansari and
states that Mr.Ansari is not willing to represent the applicant. The
Court does not permit Mr.Ansari to withdraw his appearance without
complying with the relevant Rules of this High Court in this regard.
7. As
orally directed at the time of hearing Official
Liquidator shall compute the interest @ 10% p.a. for the
period commencing from 01.10.2009 and ending on 31.01.2010 on the
aforesaid amount of Rs.21,087/- and send a separate cheque for the
same under Regd. Post A.D. to the applicant at the last known
address. It will be open to the Official Liquidator to recover the
said amount of interest from the person who is ultimately found
liable for the lapse, due to which the liquidator has been required
to pay interest for non-compliance of order made by this Court on
15.09.2009.
8. In
relation to the second aspect as to additional amount, if any, which
may be due to the Applicant suffice it to state that same shall be
determined after receipt of verification report from the Chartered
Accountant as directed by the Court in its order dated 15.09.2009. It
will be open to the Applicant to move the Court in this regard by way
of an independent application, in the event the Applicant desires to
challenge the report of the Chartered Accountant.
9. Company
Application stands disposed of accordingly.
Sd/-
(D.A.
Mehta, J.)
M.M.BHATT
Top