IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 24/03/2006
Coram
The Hon'ble Mr. Justice P.SATHASIVAM
and
The Hon'ble Mr. Justice J.A.K.SAMPATHKUMAR
O.S.A. No.167 of 2004
First Garments Manufacturing
Company (India) Private Ltd.,
Viswa Bhavan, Ist Street,
Gnanooli Puram, Madurai-625 016. ... Appellant
-Vs-
The Official Liquidator
High Court,
Madras, as the Liquidator of
Bharat Tex Fashions Ltd.
(in Liquidation) ... Respondent
Appeal against the order dated 9th October, 2002, made in Company Application
NO.1309 of 2001 in Company Petition No.145 of 1999.
!For Appellant : Mr.V.Ramakrishnan
^For Respondent : Mr.J.Nithyanandam,
for Mr.H.Banerjee (O.L.)
:O R D E R
First Garment Manufacturing Company (India) Private Limited,
Madurai, aggrieved by the order of the learned single Judge dated 9th October,
2002, made in Company Application No.1309 of 2001 in Company Petition No.145
of 1999, has filed the above Appeal.
2. It is brought to our notice that during the pendency of the above
appeal, the appellant has agreed to pay the security guards a sum of
Rs.10,00,000/- (Rupees tgen lakhs only) in full and final settlement of the
amounts due to them. To this, the counsel for the appellant filed a Memo
dated 24.03.2006.
3. Learned counsel for the appellant has produced Xerox copy of the letter
dated 11th March, 2006 from Tops Security Limited, wherein, they agreed to
receive the amount of Rs.10,00,000/- towards full and final settlement of the
amount due to them. The said letter reads as under:-
To
Mr.C.Deenadayalapandiar,
Managing Director,
First Garment Mfg. Co.(I) Pvt. Ltd.,
No.4/135, Aruppukottai MainRoad,
Valayankulam, Madurai, Tamil Nadu.
Sub: Full & Final settlement for Security Services.
Ref: Your letter dated 11th March, 2006.
Dear Sir,
Further to the discussion we had today and subsequent letter sent to us, we
are agreeing for Rs.10,00,000/- (Rupees Ten Lakhs Only) as full and final
settlement topwards the pending papyment for security services rendered by us
till 25th February, 2006 at Bharat Tex Fashions Lt. Chengalpet premises.
We are also agreeing to reduce the strength to 1 Security Guard in Day and 2
Security Guard in the night with immediate effect and will bill Rs.11571/- per
month as our charges for our security services.
I request you to consider this letter as our acceptance of your full and final
settlement offer and relaease the payment at the earliest.
Thanking You.
For Tops Security Limited,
Sd/-.
Vijay S
Branch Head
Cc: 1. Official Liquidator, High Court, Chennai-For your kind info.
2. Regional Director Tops Security Ltd.
4. The Official Liquidator, who is the respondent in ths Appeal, is
also agreeable for the said course.
5. In the light of the Memo filed by the appellant, which is also
agreeable by Tops Security Limited as evident by their letter dated 11
.03.2006, the order of the learned Judge dated 09.10.2002 in Company
Application No.1309 of 2001 is modified and the Original Side Appeal is
disposed of on the above terms. The appellant is permitted to settle the
above mentioned amount directly to Tops Secrity Limited.
JI.
To
The Official Liquidator of
High Couirt,
Madras.