OLR/30/2008 1/ 4 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD OFFICIAL LIQUDATOR REPORT No. 30 of 2008 In COMPANY PETITION No. 205 of 1996 ========================================================= O.L. OF GUJARAT STATE TEXTILE CROP. LTD. - Applicant(s) Versus DY. SECRETARY & 1 - Respondent(s) ========================================================= Appearance : MR JS YADAV, OFFICIAL LIQUIDATOR for Applicant(s) : 1,MR NITIN K MEHTA for Applicant(s) : 1, NOTICE SERVED for Respondent(s) : 1 - 2. ========================================================= CORAM : HONOURABLE MR.JUSTICE BANKIM.N.MEHTA Date : 30/06/2008 ORAL ORDER
:
1. The
Official Liquidator has filed this report and prayed to quantify the
amount of bill payable to learned advocate Smt. Parinda J. Davawala
or to pay amount of Bill of Rs.3,500/ (Rupees Three Thousand Five
Hundred only) for conducting Special Civil application No.8070 of
1999 on behalf of the Official Liquidator in the case of the
company Bongaigaon Refinery & Petrochemicals Ltd. (In
liquidation) from the funds available with the Official Liquidator.
2. By
order dated 6-2-1997 passed in Company Petition No.205 of 1996 the
company ý Gujarat State Textile Corporation Ltd. has been ordered
to be wound up and the Official Liquidator attached to this Court has
been appointed as Official Liquidator. Pursuant to the order, the
Official Liquidator has taken over formal possession of all the
assets and records of the Company (in liquidation). Thereafter, the
Ex-Director of the Company (in liquidation) submitted details of
the cases pending before various Courts and Authorities. Since the
advocates, who were appearing on behalf of the company when it was in
existence and the company had already made part payment of the fees
to the advocates, it was decided that the same advocates may be
requested to continue with the pending matters. However, in some
cases, advocates had shown their unwillingness to continue with the
matter. Therefore, the Official Liquidator
submitted his report No. 54 of 1997 in Company Petition No.205 of
1996 and by order dated 5.5.1997 the Official Liquidator
was permitted to continue the service of the advocates, who were
in charge of the matters or to have the services of other advocates,
in place of the advocates who did not wish to continue. Accordingly,
the Official Liquidator had entrusted the matter being
Special Civil Application No. 8070 of 1999 (Bonagaigaon Refinery &
Petrochemicals Ltd. Vs. State of Gujarat & Ors.) to Smt. Parinda
J. Davawala advocate to appear before this Court on behalf of the
Official Liquidator. The advocate had conducted the said petition
and submitted her Bill for Rs.3,500/- and it was decided to release
the payment of professional fees of advocate after obtaining
permission of this Court.
3. I
have heard learned advocate Mr. J.S. Yadav for the petitioner. The
respondents are served but none has appeared.
4. It
appears that learned advocate Smt. Davawala was assigned Special
Civil Application No.8070 of 1999 pending before the High Court of
Gujarat and she had appeared and conducted the matter. The advocate
has submitted her bill for Rs.3,500/- for conducting the matter.
There appears to be no dispute about the matter conducted by her.
Therefore, the amount of Rs.3,500/- being the amount of Bill dated
19-12-1997 is required to be paid to learned advocate Smt.
Davawala.
5.
In view of above, the Official Liquidator
is directed to pay Rs.3,500/- being the Bill submitted by
advocate Smt. Parinda J. Davawala towards her fees for conducting
Spacial Civil Suit No. 8070 of 1999 out of the funds
available with the Official Liquidator from the sale of the Company
(in liquidation) after obtaining necessary receipt from her. The
report stands disposed of accordingly. Notice stands discharged, with
no order as to costs.
(Bankim
N. Mehta, J.)
/JVSatwara/