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COMA/476/2011 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
COMPANY
APPLICATION No. 476 of 2011
In
COMPANY
PETITION No. 117 of 1989
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TEXTILE
LABOUR ASSOCIATION - Applicant(s)
Versus
OFFICIAL
LIQUIDATOR OF THE COMMERCIAL AHMEDABAD MILLS CO LTD - Respondent(s)
=================================================
Appearance :
MR
DS VASAVADA for Applicant(s) : 1,
MR JS YADAV for OFFICIAL
LIQUIDATOR for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 17/10/2011
ORAL ORDER
The
proceedings of present application were adjourned to enable the
Official Liquidator to file report, if he considered it necessary and
appropriate. However, today when the matter is listed for orders and
when it is taken-up for hearing and passing appropriate orders, Mr.
Yadav, learned advocate for the OL, has submitted that the report
could not be prepared and has not been filed. He, however, orally
submitted that the OL does not have any fund in the account of the
company in liquidation, which can be used for the purpose suggested
by the applicant. He, further, submitted that certain portion of
lands in question, i.e. the lands in respect of which the grievance
is made, is under dispute inasmuch as, the ULC authority claims
possession and occupation on the part of lands in question and that
therefore, it is difficult for the OL to carry out such job and/or
even allow the applicant to do so, unless and until the ULC authority
gives permission or No Objection.
2. As
against the formal objection, learned advocate for the applicant has
suggested that the OL may spend necessary amount from the general
account and subsequently when the amounts are received in the account
of company in liquidation, necessary and appropriate
adjustment/reimbursement may be made. As regards the later objection
and submission by Mr. Yadav, learned advocate for the OL, learned
advocate for the applicant submitted that because of debris and grown
grass and other weeds on the lands in question, the area is infected
with mosquitoes and other insects, which is causing health problem to
the said and nearby area.
3. Having
regard to the aforesaid submissions by the learned advocate for the
applicant and considering the fact that because of the present
position at the site, there is likelihood of health issues to arise,
it is considered appropriate to permit the OL to take-up the work of
removing the debris and grown grass, wilts, etc. and to clear the
lands in question of such area. It is made clear that such action of
the OL will neither adversely affect any of the rights and claims of
the ULC authority and/or will not create any right or equity or claim
in favour of the OL or the applicant. The OL shall, in advance, that
is before starting the action of removing the debris, grown grass,
weeds, etc., inform the ULC authority in writing by way of 48 hours
advance notice that the proposed action is being taken without
adverse effect to any of their rights and claims. The OL may, for the
aforesaid purpose, use funds from the general account and after the
amounts are received in the account of the company in liquidation, it
will be open to the OL to make necessary adjustment/reimbursement of
the expenditure incurred for the said purpose. The office of OL shall
endeavor to complete the said exercise within period of 10 days.
With
the aforesaid observations and directions, present application stands
disposed of.
[K.M.Thaker,
J.]
kdc
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