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COMA/634/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
COMPANY
APPLICATION No. 634 of 2008
In
COMPANY
APPLICATION No. 179 of 2008
In
COMPANY
PETITION No. 338 of 1999
=========================================================
KANDARP
VYAS - Applicant(s)
Versus
O
L (M/S MARADIA CHEMICALS LTD) & 14 - Respondent(s)
=========================================================
Appearance :
MR
VIBHUTI NANAVATI for Applicant(s) : 1,
OFFICIAL
LIQUIDATOR for Respondent(s) : 1,
MS AMEE YAJNIK for Respondent(s)
: 1,
None for Respondent(s) : 2 -
15.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
Date
: 22/06/2009
ORAL
ORDER
The
present application is to direct the OL to pay an amount of
Rs.5,80,420/- with interest as claimed by the applicant pursuant to
the order in Recovery Application No. 599/08.
Upon
hearing the learned advocate appearing for the applicant as well as
Ms. Yagnik, it appears that as per the OL, the fund is not available
for distribution and therefore, no direction can be issued at this
stage. However, as and when the fund is available for distribution
towards the workers’ claim, the OL shall consider the claim of the
applicant as per the order passed in Recovery Application No.599/08
for pro rata payment as may be available, keeping in view the
provisions of Section 529A of the Companies Act.
Application
is disposed of accordingly.
(JAYANT PATEL, J.)
*bjoy
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