OLR/24/2007 3/ 3 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD OFFICIAL LIQUDATOR REPORT No. 24 of 2007 ========================================================= O.L. OF SUBHSAGAR COTTON MILLS PVT. LTD. - Applicant(s) Versus GUJARAT STATE FINANCIAL CORPN. & 7 - Respondent(s) ========================================================= Appearance : OFFICIAL LIQUIDATOR for Applicant(s) : 1, MR SN SOPARKAR, Senior Advocate with MR DEVANG D TRIVEDI for Respondent(s) : 1, MR ANIP A GANDHI for Respondent(s) : 2, MR SUNIT S SHAH for Respondent(s) : 3, MR CHINMAY M GANDHI for Respondent(s) : 4 - 7. NOTICE SERVED for Respondent(s) : 8, ========================================================= CORAM : HONOURABLE MR.JUSTICE K.A.PUJ Date : 12/11/2008 ORAL ORDER
This
Court has passed detailed Order on 23.10.2008. On that day, a cheque
of Rs.10,00,000/= drawn by Priya Enterprises, a proprietary concern
and duly signed by Mr. Dinesh Mishra, the Proprietor of the said
Proprietary concern, for and on behalf of the Company, i.e.
Mahalaxmi Builders was given to the Official Liquidator with an
assurance that the cheque would be cleared on being presented with
the Bank. Since there was some discrepancy in the amount, further
Order was passed by the Court on that very day and it was assured by
Mr. M.B. Gandhi, the learned advocate appearing for the Director of
the Company and the Secretary of the Society that the signatory of
the cheque would remove all the defects at the time when the cheque
is presented before the Bank and further assurance was given that
the cheque would be realised on the date when it is presented before
the Bank. The Court has also made it very clear that if the cheque
is bounced back for whatever reason, very serious view of the matter
would be taken. The Court has also permitted the parties to move
before this Court even during vacation if the cheque were not
realised.
On
matter being listed today, after pre-poning of the same, it is
reported by Mr. J.S. Yadav, learned advocate appearing for the
Official Liquidator that the cheque was not realised and
communication was received from Punjab National Bank on 11.11.2008
that there was no adequate balance in the account and the balance is
Rs.118/= only. No account number was mentioned on the cheque and
on detailed inquiry from Bank Of India, Mahalaxmi Branch, Mumbai,
the Account number is given and there was no balance in the said
Account.
From
the above facts, it is clear that the Secretary of the Society, Mr.
Pravinbhai Patel and the Director of Mahalaxmi Builders, Mr.
Bholabhai Patel though they were present before this Court on
23.10.2008, they have intentionally made false submissions before
this Court and misled the Court by presenting a Cheque from the
account of the party which did not contain adequate balance. These
two persons have flouted the Orders of the Court on number of
occasions and despite repeated assurances given, they have not been
carried out. It was specifically informed to Mr. Chinmay M.
Gandhi, the learned Advocate appearing for these two persons that
the matter is listed today, they are not present and knowing fully
well that the cheque has not been realised, they have no courtesy to
tender any explanation with regard to bouncing of the cheque. The
Court therefore directs the Registry to issue non-bailable warrants
on Mr. Pravinbhai D. Patel, the Secretary of Manorath Udyogik
Sahakari Mandli Limited and Mr. Bholabhai Valjibhai Patel, the
Director of M/s. Mahalaxmi Builders, to arrest them and to secure
their presence before this Court on November 14, 2008. It is made
clear that if the amount of the returned cheque is not paid on or
before November 14, 2008. The Court will issue direction to the
Official Liquidator to take possession of the property in question
with police force.
S.O.
to November 14, 2008. To be placed in the First Board. Registry to
prepare non-bailable warrants on the above referred two persons
today itself.
(K.A.
Puj, J.)
(Caroline)