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OJCA/245/2011 5/ 5 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 245 of 2011
In
COMPANY
APPLICATION No. 425 of 2008
In
OFFICIAL LIQUDATOR REPORT No. 106 of 2007
=========================================================
GUJARAT
MAZDOOR PANCHAYAT THRO. PRESIDENT - Applicant(s)
Versus
O
L OF MACCAS GENERAL FOOD PVT LTD (IN LIQUIDATION) - Respondent(s)
=========================================================
Appearance
:
MRS
SANGEETA N PAHWA for
Applicant(s) : 1,
OFFICIAL LIQUIDATOR for Respondent(s) : 1,
MR
DAXESH T DAVE for Respondent(s) : 1 -
2.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 28/06/2011
ORAL
ORDER
1. Heard
Ms. Vinayak, learned Advocate for Mrs. Pahwa, learned Advocate for
the applicant-Union and Ms.Yajnik, learned Advocate for Official
Liquidator and Mr. Dave, learned Advocate for the Gujarat Industrial
Cooperative Bank Ltd. (hereinafter referred to as the ‘Creditor
Bank’).
2. Official
Liquidator has tendered a report dated 25th June 2011. In
para 14(A) to 14(D), Official Liquidator has requested that:
“(A) This
Hon’ble Court may be pleased to direct the Official Liquidator to
disurse an amount of Rs.9,51,044/- amongst the workers of the company
considering the earlier payment of Rs.30,00,000/- paid to the said
worker by the office of Official Liquidator pursuant to order dated
14.07.2009 passed in Company Application No.425 of 2008 by this
Hon’ble Court as per their individual respective entitlemetns in full
and final payment and settlement against their admissible claim of
Rs.39,51,044/-.
(B) This
Hon’ble Court may be pleased to direct the Official Liquidator to
disburse an amount of Rs.9,58,254/- to Gujarat Industrial Cooperative
Bank after deducting an amount of Rs.41,746/- towards 10 dividends
declared, paid and appropriated by said Bank for the period of 1998
to 2008, in full and final payment and settlement against their
admissible claim of Rs.10,00,000/- of said Bank adjudicated by the
Chartered Accountants against the company in liquidation.
(C) This
Hon’ble Court may be pleased to permit the Official Liquidator to pay
an amount of Rs.6,91,641/- to GIDC being its dues towards lease rent,
etc. for the period prior to the date of winding up order i.e. up to
07.12.1990.
(D) This
Hon’ble Court may also be pleased to permit the Official Liquidator
to make payment of the professional fee bills of M/s. Divyang P.
Majmudar, Chartered Accountant as per professional fee scales of
Chartered Accountants already approved by this Hon’ble Court vide
orders dated 28.08.2009 passed in OLR No.100 of 2009.”
3. Ms.
Vinayak, learned Advocate for the applicant – Union has
admitted that earlier a sum of Rs.30 lakhs has already been disbursed
in favour of the workmen and out of the total dues to the tune of
Rs.39,51,044/-, a sum of Rs.9,51,044/- remains to be paid. By virtue
of para 14(A), the Official Liquidator has sought permission to
disburse a sum of Rs.9,51,044/- in favour of the workers. The names,
numbers and identification of the workers are not in dispute, since a
sum of Rs.30 lakhs has already disbursed. Therefore, the Official
Liquidator is permitted to disburse further sum of Rs.9,51,044/- as
per the settled ratio of the claim of each of the identified
workers.
4. The
learned counsel for the applicant – Union has admitted that the
total claim of the workers was to the tune of Rs.39,51,044/- and
therefore upon disbursement of the said sum of Rs.9,51,044/- total
claim of the applicant shall stand settled and no further claim of
the applicant shall survive.
5. So
far as the creditor bank is concerned, the Official Liquidator has
sought permission to disburse a sum of Rs.9,58,254/- after deducting
an amount of Rs.41,746/- towards 10 dividends declared and paid by
the Bank during the period between 1998 and 2008. The permission has
been requested for on the ground that the admissible claim of the
said creditor bank is to the tune of Rs.10 lakhs.
6. Mr.
Dave, learned Advocate for the Creditor Bank has disputed the said
assertion that the claim of the Bank is only to the tune of Rs.10
lakhs. According to the said Creditor Bank, its dues are to the tune
of Rs.30 lakhs. Mr. Dave has, however, submitted that without
prejudice to its claim and right to claim further amounts after
submitting proof in support thereof and keeping its rights and
objections open, the Creditor Bank is ready and willing to receive
the said sum of Rs.9,58,254/-. Therefore, the permission as sought
for by the Official Liquidator to disburse the said sum of
Rs.9,58,254/- to the Creditor Bank is hereby granted. It is clarified
that it would be open to the Official Liquidator to take all
contentions and objections against any claim which may be raised by
the Creditor Bank beyond the aforesaid sum of Rs.10 lakhs. As and
when such claim is raised by the Creditor Bank and the objections, if
any, which may be filed by the Official Liquidator, the same will be
considered by the Court at the relevant time on the strength of
available material which may be produced by the contesting parties.
7. The
Official Liquidator has further requested for permission to pay a sum
of Rs.6,91,641/- to GIDC towards lease rent. The permission as sought
for is granted.
8. Besides
the requests for aforesaid disbursements, the Official Liquidator has
also sought permission to make payment towards the bills of
professional fees of Chartered Accountant. However, since the exact
amount has not been mentioned, the said request is deferred with a
permission to the Official Liquidator to file appropriate report at
later stage when, after verification, exact amount is ascertained.
9. With
the aforesaid clarification except relief sought at para 14(D), the
other reliefs as sought for in para 14(A) to 14(C) are granted
subject to the aforesaid clarifications and directions.
10. The
Report dated 25th June 2011 filed by the Official
Liquidator stands disposed of accordingly.
(K.M.THAKER,
J.)
jani
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