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COMA/206/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
COMPANY
APPLICATION No. 206 of 2011
=========================================================
JAYANTILAL
V POPAT - Applicant(s)
Versus
OFFICIAL
LIQUIDATOR OF NAVJYOT MILL LTD( IN LIQN) & 2 - Respondent(s)
=========================================================
Appearance
:
MR
ANIP A GANDHI for
Applicant(s) : 1,
OFFICIAL LIQUIDATOR for Respondent(s) : 1,
MR
JS YADAV for Respondent(s) : 1,
MS NALINI S LODHA for
Respondent(s) : 2,
NOTICE SERVED BY DS for Respondent(s) :
3,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 19/07/2011
ORAL
ORDER
1. Heard
Mr. Gandhi, learned Advocate for the applicant, Mr. Yadav, learned
Advocate for the Official Liquidator and Mr. Mihir Joshi, learned
Senior Counsel appearing with Ms. Lodha, learned Advocate for
respondent No.2.
2. Ms.
Lodha, learned Advocate for respondent No.2 Bank has submitted that
the direction to pay the cost of Rs.5,000/- (Rupees Five Thousand
only) to the Legal Aid Committee has been complied with. As per the
directions, vide order dated 05.07.2011, affidavit contesting the
application has been filed by respondent No.2 Bank. A statement of
adjustment of the amount paid to respondent No.2 Bank has been
annexed to the affidavit. As per the said statement, a sum of about
28.42 lakhs is excess in the hands of respondent No.2 Bank. Having
regard to the said clarification, it is directed that without
prejudice to any of its contentions and rights and also without
prejudice to the option to justify that even the said amount is not
refundable, for the present, respondent No.2 Bank shall deposit the
said amount with the Official Liquidator, who shall, in turn,
immediately invest the same in Fixed Deposit with a Nationalized
Bank. It would be open to Official Liquidator to allow the respondent
No.2 Bank to convert the said amount in to Fixed Deposit in the name
of the Official Liquidator. The original receipt of the Fixed Deposit
shall be handed over by the respondent No.2 Bank to the Official
Liquidator.
3. Mr.
Gandhi has requested for time to file rejoinder to demonstrate that
the statement of calculation is erroneous and does not reflect the
correct position as regards the disbursement. It would be open to the
Official Liquidator also to file report if it desires to do so. Time
to file affidavit is granted till 28th July 2011. S.O. to
28th July 2011.
(K.M.THAKER,
J.)
jani
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