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COMA/14/2008 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
COMPANY
APPLICATION No. 14 of 2008
In
COMPANY
PETITION No. 138 of 1998
=========================================
SILK
MILL WORKERS UNION BILIMORA
Versus
O.L.
OF VANIA SILK MILLS PVT. LTD. AND OTHERS
=========================================
Appearance :
MR
AK CLERK for the Applicant
MR.HIREN M MODI for
Respondent(s) : 1,
Respondent No.2 DELETED
MR PC MASTER for
Respondent No.3
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 10/07/2008
ORAL
ORDER
1. Heard
Mr.Clerk, learned advocate for the applicant, who requested last time
that the papers of Company Application No.292 of 1008 be kept along
with this matter on the next date of hearing, i.e. today. The
learned advocate submitted that though a Company Application is filed
by the present applicant in that Company Application, the same is not
circulated, saying that the same is disposed of.
Papers
of Company Application No.292 of 2008 are along with this matter
before the Court. The Court perused the same.
2. It
is surprising that one Mr.Dinesh Kapadia, describing himself as Ex
Director of Vania Silks Mills Pvt. Ltd., filed Company Application
No.292 of 2008 and obtained order dated 13.05.2008 seeking certain
directions which are as under:-
“a) separate
meetings be held of the shareholders, secured creditors and workers
of the Company for the purpose of consideration and if thought fit,
approve with or without modification the proposed Scheme of
arrangement in the nature of compromise with the Creditors and
workers;
b) Meeting of Secured
Creditors may kindly be dispensed with as the dues of the sole
secured creditor Bank of Baroda have been paid in full and final
settlement.
c) Directions may be
given as to the method of convening, holding and conducting the said
meetings and that notices be issued through public advertisements to
the shareholders, unsecured creditors and workers;
d) The Chairman may be
appointed for the meeting who will report the said result thereof to
this Hon’ble Court;
e) The applicants may
be permitted to employ security at their own cost to safeguard the
property of the Company;
f) To grant such other
and further relief as may be deemed just and proper in the interest
of justice.??
3. This
Court (Coram: Hon’ble Mr.Justice K.A.Puj) passed the order, wherein
relevant paragraph Nos.3 and 4 read as under:-
?S3. Upon the
application of the above named applicants by summons dated the 23rd
day of April 2008 upon hearing Shri S. N. Soparkar, learned Senior
advocate and Shri Manish R. Bhatt, learned advocate for the
applicants and upon reading the affidavit of Shri Dinesh Kapadia
dated the 23rd day of April 2008 and the exhibits therein
referred to (Exhibit 10 being a copy of the proposed compromise or
arrangement), IT IS ORDERED :-
4. That separate
meetings as hereinafter set out of the unsecured creditors, workers
and shareholders of the above Company viz. Vania Silk Mills Private
Limited, shall be convened and held at Shri Kutch Kadva Patidar Wadi,
Feeder Road, Talod, Billimora, on 13th day of June 2008
at 11.00 o’clock, the meeting of the workers shall be convened and
held at Shri Kutch Kadva Patidar Wadi, Feeder Road, Talod, Billimora,
on 13th day of June 2008 at 2.30 o’clock in the
noon and the meeting of the shareholders shall be convened and held
at 701, 7th floor, ?SPravin?? Sundervan, S. V. Road,
Vile Parle (West), Bombay ? 400 067 on 14th day of
June 2008 at 11.00 o’clock, for the purpose of considering and if
thought fit, approving with or without modifications, the compromise
or arrangement proposed to be made between the said Company and the
Unsecured Creditors, workers and shareholders of the said Company.??
4. Mr.Clerk,
learned advocate for the applicant submitted that the present
applicant, who was the representative union at the relevant time, was
not impleaded as party respondent in Company Application No.292 of
2008. It is in his absence, one Mr.D.K.Patel is ordered to be the
Chairman of the meeting to be held on 13.06.2008. This Mr.D.K.Patel
is a representative of Dakshin Gujarat Shramik Sabha ? union which
has come forward as a protector of the workers. He is given due
recognition by the Official Liquidator and is invited in the meeting
of the Sale Committee which is evident from letter dated 24.07.2007
and the minutes of the meeting of the Sale Committee held on
09.07.2007 which are annexed to the present application at
Annexure-X.
5. ADMIT.
The
grievance, if any, against the order passed in Company Application
No.292 of 2008 can be ventilated by the present applicant by filing
appropriate proceedings.
So
far as present application is concerned, the relief as prayed for
deserves to be granted. The Official Liquidator is restrained from
entertaining Dakshin Gujarat Shramik Sabha or its advocate or any
other union or employee to act or appear in the matter of proceedings
of winding up of M/s.Vania Silk Mills Pvt. Ltd. (in liquidation) or
any proceedings connected therewith.
(RAVI
R.TRIPATHI, J.)
*Shitole
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