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COMA/3/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
COMPANY
APPLICATION No. 3 of 2010
In
COMPANY
PETITION No. 246 of 2000
=========================================
BANK
OF BARODA - Applicant(s)
Versus
OFFICAIL
LIQUIDATOR - Respondent(s)
=========================================
Appearance
:
MR KI SHAH
for Applicant(s) :
1,
OFFICIAL LIQUIDATOR for Respondent(s) : 1,
MR NITIN K MEHTA
for Respondent(s) : 1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 06/05/2010
ORAL
ORDER
1. The
present Judge’s summons has been taken out by the applicant Bank
of Baroda claiming to be the sole secured creditor of the Company in
liquidation for an appropriate order directing the Official
Liquidator of company in liquidation to pay to the applicant a sum of
Rs.3,98,16,556.50 paise only.
2. It
appears from the report submitted by the Official Liquidator dated
12th March 2010 that a sum of Rs.45,75,000/- is available
with the Official Liquidator in the account of the Company in
liquidation. However, it appears that till date the claims from the
workers of the Company in liquidation have not been invited by the
Official Liquidator. Only thereafter, the amount with respect to
disbursement can be passed.
3. Under
the circumstances, present Company Application is disposed of by
directing the Official Liquidator to invite the claims from the
workers of the Company in liquidation by giving advertisement in two
local newspapers, both in Gujarati, Vadodara Editions. Such an
exercise should be completed within a period of two months from today
and after receiving the claims, if any, from the workers, the
Official Liquidator is hereby directed to get the same verified
through Chartered Accountant along with the claim of the applicant
and submit the report before this Court within a period of two months
thereafter so that appropriate order for disbursement of amount
realized can be passed.
3. With
this, present application is disposed of.
(M.R.
Shah, J.)
*menon
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