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COMA/180/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
COMPANY
APPLICATION No. 180 of 2008
In
COMPANY
PETITION No. 261 of 2004
=========================================================
THE
MANAGER-AHMEDABAD MERCANTILE CO OP BANK LTD - Applicant(s)
Versus
O
L OF KEN GOLD (INDIA) LTD - Respondent(s)
=========================================================
Appearance
:
NANAVATI
ASSOCIATES for
Applicant(s) : 1,
OFFICIAL LIQUIDATOR for Respondent(s) : 1,
MS
AMEE YAJNIK for Respondent(s) : 1,
MR MRUGESH JANI for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE C.K.BUCH
Date
: 12/09/2008
ORDER
BELOW NOTE FOR SPEAKING TO MINUTES FILED BY LEARNED COUNSEL FOR
APPLICANT
Heard
learned counsel appearing for the applicant.
In
the first para of the order dated 26.8.2008 passed in the above
application, the words: Mr. Nandish Chudgar, learned counsel
appearing for the Official Liquidator of Ken Gold [India] Ltd. [in
liquidation] have been mentioned. In reality, Mr. Chudgar had
addressed the Court as counsel appearing for Manager,Ahmedabad
Mercantile Cooperative Bank Ltd and Mr. Mrugesh Jani was heard for
Official Liquidator of the company in liquidation, i.e. Ken Gold
[India] Ltd.
Therefore,
first paragraph of the order requires to be corrected accordingly and
Mr. Chudgar be corrected as learned counsel appearing for the
applicant no.1 Manager, Ahmedabad Mercantile Cooperative Bank
Ltd.
Similarly,
the phraseology and arrangement of sentence in the last but one para
of the order dated 26.8.2008 creates a situation that the applicant
bank would not get the remaining amount of fixed deposit except the
amount of Rs. 1,90,112/- towards security expenses and the amount of
Rs. 20,000/- spent towards advertisement expenses, because, some
amount is ordered to be credited in the account of the Central
Government. Therefore, the Court is required to clarify that
remaining amount on realization of fixed deposit requires to be
disbursed and paid to the applicant bank.
Therefore, the last but one para of the order dated 26.8.2008 be read
and construed as follows:-
After
reimbursing the amount of Rs. 1,90,112/- towards security expenses
and Rs. 20,000/- towards the advertisement expenses and after
crediting the amount of Rs. 9,32,100/- i.e. [Rs.7,44,150/- +
Rs.1,87,950/-] as ordered by the Court in the Central Government
Account towards fees of the Central Government, remaining amount out
of the amount of fixed deposit be paid to the applicant at the
earliest, preferably within 30 days from today.
The
order dated 26.8.2008 be corrected and read accordingly. Note for
speaking to minutes is disposed of.
[C.K.
BUCH, J.]
pirzada/-
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