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COMA/267/2010 2/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
COMPANY
APPLICATION No. 267 of 2010
In
OFFICIAL
LIQUDATOR REPORT No. 219 of 2007
In
COMPANY PETITION No. 205 of 1996
=========================================================
KALANTRY
TAXTILE CONSULTANTS A RPPRIETORSHIP CONCERN OF - Applicant(s)
Versus
OFFICIAL
LIQUIDATOR OF M/S SAHAYOG MILLS & 1 - Respondent(s)
=========================================================
Appearance
:
MR
PRANAV G DESAI for
Applicant(s) : 1,
MR JS YADAV for Respondent(s) : 1,
NOTICE
SERVED BY DS for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 27/10/2010
ORAL
ORDER
Pursuant
to the order passed by this Court in earlier part of the day, one
Mr.Sharad Parikh, Manager, G.I.D.C./G.S.T.C. Cell is present before
the Court.
Learned
advocate Mr.M.G.Nagarkar, on instructions from the said officer,
states that the officer is in know of the order passed by this Court
(Coram: Hon’ble Mr.Justice M.R.Shah) dated 16th April 2010
in Company Application No.39/2010 and Official Liquidator Report
No.219/2007 of which paragraph 6 reads as under:
In
view of the above, Official Liquidator is hereby directed to see that
the applicant is permitted to remove/ dismantle plant and machinery,
building structure and movable assets from the Mill premises, which
are sold to him/it and there is no hindrance to the applicant in
removing the same i.e. no difficulty would be faced by the applicant
for ingress and outgress (sic egress) of the Mill premises of assets
sold to him. Official Liquidator is hereby directed to have the
inventory of the trees in the Mill premises. In the facts and
circumstances of the case and considering the facts as stated
hereinabove and request made by learned advocate appearing on behalf
of the applicant, the applicant is hereby granted further time for a
period of four months from today to remove / dismantle assets sold to
him/it on condition that the applicant shall deposit/pay the amount
of Rs.20,000/- per month for the delayed period. If the work of
dismantling of the plant and machinery and assets sold to the
applicant is completed prior thereto, liability for the additional
amount shall be only up to that month. The applicant shall pay the
additional amount at the rate of Rs.20,000/- per month for the
delayed period in the first week of every month. It is clarified that
even if the work of dismantling is completed during any part of the
month, the liability to pay additional amount shall be for whole of
the month.
With
this, the present Company Application is disposed of. Notice is
discharged.
Learned
advocate Mr.Nagarkar further states on instruction that the officer
is not aware as to why a complaint is made and a relief is sought in
the present Application in paragraph 1(B) which reads as under:
1(B)
The Hon’ble Court may be pleased to direct the respondent to instruct
the personnel of GSTC/GIDC not to remain present and/or
create hindrance and difficulties in carrying out the demolition work
and removal of the properties purchased by the applicants
in the facts and circumstances of the case and in the interest of
justice.
So
far as not remaining present is concerned, such direction is not
required to be issued. But so far as direction sought to the effect
that, ‘the personnel of G.S.T.C./G.I.D.C. not to create hindrance and
difficulties in carrying out the demolition work and removal of the
properties purchased by the applicants is concerned’, any such
attempt on the part of the personnel of G.S.T.C./ G.I.D.C. will
amount to interference with the compliance of the order passed by
this Court on 16th
April
2010 in Company Application No.39/2010 of which paragraph 6 is
reproduced hereinabove.
At
this juncture, learned advocate Mr.Nagarkar, on instructions, assures
this Court that the officer concerned will assure that order dated
16th April 2010 passed by this Court is allowed to be
complied with by the present applicant. He will see to it that either
by himself remaining present at the site or by deputing any other
responsible officer at the site no hindrance or difficulty is created
in carrying out the demolition work and removal of the properties
purchased by the applicant.
The
officer concerned to tender an unconditional apology to this Court
for the alleged act of creating obstacle in compliance with the order
of this Court. Apology to be filed by tomorrow. Undertaking to be
rendered by tomorrow.
Stand
over to 28th October 2010.
(Ravi
R.Tripathi, J.)
/moin
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