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COMA/243/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
COMPANY
APPLICATION No. 243 of 2011
In
COMPANY
PETITION No. 140 of 2006
=========================================================
IDBI
BANK LTD - Applicant(s)
Versus
OFFICIAL
LIQUIDATOR OF SUPERIOR SOX LTD & 1 - Respondent(s)
=========================================================
Appearance
:
MR
GAURAV S MATHUR for
Applicant(s) : 1,
OFFICIAL LIQUIDATOR for Respondent(s) : 1,
MR
NITIN K MEHTA for Respondent(s) : 1,
DS AFF.NOT FILED (N) for
Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 18/07/2011
ORAL
ORDER
1. Heard Mr. Mathur,
learned Advocate for the applicant and Mr. Mehta, learned Advocate
for the Official Liquidator.
2. The applicant has
taken out Judge’s Summons seeking below mentioned relief
(a) That this Hon’ble
Court may be pleased to direct the Official Liquidator to disburse
the amount lying with the Official Liquidator between the Secured
Creditors having first charge and workers, if any;
(b) That pending
admission and final hearing of this Application, this Hon’ble Court
may be pleased to direct the Official Liquidator to disburse, on ad
hoc basis, 50% of the amount lying with the Official Liquidator
between the Secured Creditors having first charge;
3. Mr. Mehta, learned
Advocate for Official Liquidator has submitted that the claims have
yet not been invited. He has referred to paragraph Nos.3 to 8 on page
51 and 52 of the report dated 21st March 2011 and
submitted that present application seeking ad hoc
disbursement is premature since the claims are yet not received and
the required formalities are yet to be completed.
4. Having regard to the
aforesaid submissions by learned Advocate for Official Liquidator,
Mr. Mathur, learned Advocate for applicant has sought permission to
withdraw the present application at this stage and has also requested
that the applicant may be permitted to file fresh application at
appropriate time so as to seek the dues, after the Official
Liquidator invites their claims and submits the report.
5. In
view of the request made by learned Advocate
for the applicant the permission to withdraw the present petition at
this stage is granted. It is clarified that as and when Official
Liquidator invites the claims, it would be open to the applicant to
submit its claim and/or to prefer appropriate application seeking
disbursement of the amount due to it.
6. With the aforesaid
clarifications and observations, application is disposed of as
withdrawn at this stage.
(K.M.THAKER,
J.)
jani
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