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COMA/311/2011 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
COMPANY
APPLICATION No. 311 of 2011
In
COMPANY
PETITION No. 246 of
2000
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BANK
OF BARODA - Applicant(s)
Versus
OFFICIAL
LIQUIDATOR OF M/S BARODA POWER TRANSMISSION LTD - Respondent(s)
=================================================
Appearance :
MR
BHARAT JANI for Applicant(s) : 1,
OFFICIAL LIQUIDATOR for
Respondent(s) : 1,
MR JS YADAV for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 27/06/2011
ORAL ORDER
Heard
Mr. Jani, learned advocate for the applicant. He has submitted that
upon disposal of the assets, a sum of about Rs.42 Lacs was received.
He further submitted that in the Company Application No.279 of 2010
present applicant was the applicant and had prayed for disbursement
of the amount and the Court was pleased to permit disbursement to the
tune of Rs.32 Lacs in favour of the present applicant vide order
dated 8.12.2010, however, by way of abundant caution and with a view
to meeting any contingency expenditure or any other claim, which may
come either from the side of the workers or any other dues, which may
have to be paid, a sum of Rs.10 Lacs was allowed to be retained by
the O.L. Mr. Jani further submitted that now, almost 5 months have
passed-by since the last order and it appears that any claim is not
received and therefore, the said sum of Rs.10 Lacs may be disbursed
in favour of the applicant, since, the applicant is the only secured
creditor and any claim, including any claim by worker, does not
remain pending. He also submitted that the total dues of the
applicant are more than about 4 Crores.
Mr.
Yadav, learned advocate for the O.L., has submitted that
advertisement inviting claims has already been issued and the O.L.
has to file report giving details about the claims, if any, received.
For the said purpose, he requested for time.
Considering
the said request, the application is adjourned to 8.7.2011 with a
direction that the O.L. shall file report on or before 6.7.2011, with
a copy to the applicant
[K.M.Thaker,
J.]
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