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COMA/186/2010 1/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
COMPANY
APPLICATION No. 186 of 2010
In
COMPANY
PETITION No. 121 of 1995
In
COMPANY PETITION No. 121 of 1995
=================================================
MAGANBHAI
SHANABHAI MAHERIA & 1 - Applicant(s)
Versus
OFFICIAL
LIQUIDATOR OF AMBIKA MILLS LTD & 14 - Respondent(s)
=================================================
Appearance :
MR
AJAY L PANDAV for the Applicants.
OFFICIAL LIQUIDATOR for
Respondent no.1.
MR JS YADAV for Respondent no.1.
NOTICE NOT
RECD BACK for Respondent(s) : 2, 13, 15,
None for Respondent(s) :
3 - 12.
MR HEMANG M SHAH for Respondent(s) : 0.0.0
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE K.A.PUJ
Date
: 06/09/2010
ORAL
ORDER
The
applicants have taken out this Judge’s Summons requesting this Court
to initiate an inquiry against total payment of Rs. 5,65,222/- made
to 16 workers of Ambica Tubes, Unit no.1 (According to list shown in
Annexure “E” collectively) through their bank account
numbers of Bapunagar Mahila Co operative Bank Ltd., Khodiyar Nagar,
Ahmedabad.
2. This
Court has passed an order on 16th May, 2008 in Company Application
No. 614 of 2006 and other allied matters wherein it is observed that
so far as the workers who have directly filled in their forms, the
payments are to be made to them if earlier disbursement is made in
their favour and these persons will be identified by Shri Natwarbhai
R Kamaliya, Shri Vitthalbhai M Patel and Shri Maganbhai S Maheria,
respondent Nos. 2,3 and 6 of Company Application No 104 of 2008. The
Court has also directed the Official Liquidator to verify the figures
and if they are tallied with the list which is available with him, in
that case, the payments should be made to the workers.
3. This
Court has passed a further order on 30th September, 2009 in OLR No.
104 of 2008 wherein it is observed that the respondent Nos. 2 to 6
have identified 70 workmen and disbursement has been made in their
favour. Out of these respondents, the present applicant no. 1 i.e.
Maganbhai Shanabhai Maheria has filed this application challenging
the payments made to 16 workmen as per the list Annexure “E”.
It is therefore, required to be seen as to whether 16 workmen form
part of the list of 70 workmen and who have identified those 70
workmen. The Official Liquidator is directed to place necessary
details alongwith forms of those 70 workmen and further clarification
as to whether these 16 workmen are part and parcel of the list of 70
workmen. Fresh notice to respondent nos. 2, 13 and 15 returnable on
21st September, 2010. Direct service permitted.
(K.A.PUJ,J)
***vcdarji
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