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COMA/37720/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
COMPANY
APPLICATION No. 377 of 2008
In
COMPANY
PETITION No. 226 of 2007
=========================================================
PATEL
VIMLABEN MAFATLAL WIDOW OF DECEASED - Applicant(s)
Versus
OFFICIAL
LIQUIDATOR, CELLULOSE PRODUCTS OF INDIA LTD. - Respondent(s)
=========================================================
Appearance
:
MR
PJ MEHTA for
Applicant(s) : 1, 1.2.1, 1.2.2, 1.2.3, 1.2.4, 1.2.5,1.2.6
MR JS
YADAV FOR OFFICIAL LIQUIDATOR for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE C.K.BUCH
Date
: 22/08/2008
ORAL
ORDER
It
is submitted by Mr. J.S.Yadav, learned counsel appearing for the
Official Liquidator of Cellulose Products of India Ltd.,[the company
in liquidation], that amount of Rs. 64.05 lakhs is at present lying
with the Registry of this Court and in compliance of the order
passed by this Court on 16th May, 2008 in Company
Petition No. 226 of 2007, the amount was required to be transferred
to the office of the Official Liquidator to make payment to the
workers and secured creditors etc. A reminder is also sent to the
Registry on 23rd June, 2008. As per the instructions
received by Mr. Yadav from the office of the Official Liquidator,
till date, the amount has not been received by the office of the
Official Liquidator.
Therefore,
the Registry is directed to see that the amount of Rs.64.05 lakhs is
paid to the Official Liquidator of the company in liquidation by
cheque drawn in favour of the Official Liquidator.
The
Official Liquidator has no record of the company, so it is difficult
for Mr. Yadav to respond to the claim preferred by the present
applicant-deceased worker of the company in liquidation. But on
careful consideration of the submissions made by Mr. Mehta, learned
counsel appearing for the applicants and the nature of documents
tendered to the office of the Official Liquidator while placing the
claim, the amount in parity with the other workers, obviously shall
have to be paid to the heirs of the deceased worker, who are the
applicants before this Court. The deceased worker was terminated
from service in the year 1993 whereas he was appointed in the
company under liquidation on 6th February, 1965.
Therefore, the deceased worker could have been paid Rs. 3,80,000/-
keeping in mind the date of closure.
It
is not a matter of dispute that all other workers have been paid
some amount as per settlement arrived at between the workers and the
management at the relevant point of time and the rights of the
deceased worker can be crystallized keeping in mind the settlement
that was arrived at between the management and the workers. If the
deceased worker would not have died or would have continued in
service, he would have got the amount equal to other workers and
that amount, according to Mr. Mehta would be Rs. 3,80,000/-.
Mr.
Mehta is directed to provide calculation sheet to the learned
counsel representing the Official Liquidator so that on receipt of
the amount by the Official Liquidator from the Registry of this
Court, further orders of disbursement can be passed. At this stage,
the matter is adjourned to 5th September, 2008.
[C.K.
BUCH, J.]
pirzada/-
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