C.A. No.732-733 of 2008 -1-
in C.A. No.442 of 1997
in C.P. No.196 of 1997
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
C.A. No.732-733 of 2008
in C.A. No.442 of 1997
in C.P. No.196 of 1997
Date of decision: 20.02.2009
M/s Altos India Limited (in liqn) through OL .............. Applicant
Vs.
Hon'ble State Consumer Disputes Redressal Commission, New Delhi
and others
............Respondents
Present: Mr. Puneet Kansal, Advocate
for the Official Liquidator.
CORAM: HON’BLE MR. JUSTICE K. KANNAN
1. Whether Reporters of local papers may be allowed to see
the judgment ?
2. To be referred to the Reporters or not ?
3. Whether the judgment should be reported in the Digest ?
-.-
K.KANNAN, J.(ORAL)
C.A. No.732 of 2008
Application allowed.
Exemption from filing certified copies of Annexures A-1 to
A-6 and permission to place typed/photocopy of the same is granted.
C.A. No.733 of 2008
1. The application is filed by the Official Liquidator seeking
for the relief of quashing of the order dated 01.09.2006 and
30.05.2007 passed by the Hon’ble State Consumer Disputes Redressal
Commission, New Delhi and the orders passed by the District
Consumer Disputes Redressal Forum (East), Government of NCT of
New Delhi. By virtue of these orders passed by the Consumer Forum,
C.A. No.732-733 of 2008 -2-
in C.A. No.442 of 1997
in C.P. No.196 of 1997
claims of some of the depositors of the company had been admitted.
The company was admittedly directed to be wound up provisionally
on 11.06.1998 and final winding up order was passed on 12.08.1999.
When the company was in winding up, it may not have been possible
for any of the Forum to adjudicate upon the claims and direct any
amount to be disbursed. The remedy available to the depositors shall
be only to approach the Official Liquidator for appropriate remedy
under Section 529 and 530 of the Companies Act. The claims of the
third respondent shall be admitted before the Official Liquidator, who
shall consider the same and pass appropriate orders at the appropriate
time as and when the third respondent lodges his claims before the
Official Liquidator.
2. Subject to the above, the order directing the payment of the
claims to third respondent out of the assets of the company on priority
basis is set aside and the remedy of the third respondent shall be
worked out in the manner referred to above. The Official Liquidator
shall decide the claims in accordance with law.
(K. KANNAN)
JUDGE
February 20, 2009
Pankaj*