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COMA/310/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
COMPANY
APPLICATION No. 310 of 2010
=========================================================
GANPATSINH
RANJITSINH RATHOD - Applicant(s)
Versus
OFFICIAL
LIQUIDATOR OF JAHANGIR TEXTILE MILLS ( IN LIQN) - Respondent(s)
=========================================================
Appearance
:
MR SHAILESH C SHARMA for
Applicant(s) : 1,
MR JS YADAV FOR OFFICIAL LIQUIDATOR for
Respondent(s)
:1,
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CORAM
:
HONOURABLE
MR.JUSTICE D.A.MEHTA
Date
: 24/11/2010
ORAL
ORDER
The
applicant herein has taken out the Judges Summons seeking permission
under provisions of Section 446 of the Companies Act, 1956 (the Act)
to implead the Official Liquidator of Jahangir Textile Mills Ltd.
(in liquidation) as a party opponent in the proceedings being
T.Application No.485 of 1993 stated to be pending before the Labour
Court, Ahmedabad. The claim of the applicant is based on being
employed as watchman in the Watch and Ward Department of the company
in liquidation.
Mr.J.S.Yadav,
learned advocate appearing on advance copy on behalf of the Official
Liquidator of the company in liquidation submitted that the
erstwhile management of the company in liquidation had raised
various objections, including the applicant being involved in the
case of theft and complete details in this regard have not been
placed on record by the applicant. Hence, it was submitted that
unless and until, the applicant approaches the Court with clean
hands, the application should not be entertained.
The
submission made on behalf of the Official Liquidator would have
merited consideration provided the Court was required to go into
merits of the claim made by the applicant before the Labour Court.
It is open to the Official Liquidator to raise all issues of fact
and law, including the preliminary objections sought to be raised
before this Court, resisting the application filed by the applicant
herein before the Labour Court.
Accordingly,
this application is granted. The applicant is permitted to implead
the Official Liquidator of Jahangir Textile Mills Ltd. (in
liquidation) as a necessary party in the pending proceedings before
the Labour Court subject to the right of the Official Liquidator to
raise all objections as recorded herein before. Needless to state
that granting of this permission shall not entitle the applicant
herein to take a stand that the claim made before the Labour Court
is required to be granted as the Court has desisted from going into
the issues raised. Application stands allowed accordingly in the
aforesaid terms. There shall be no order as to costs.
(D.A.MEHTA,
J.)
(ashish)
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