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COMA/316/2007 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
COMPANY
APPLICATION No. 316 of 2007
In
COMPANY
PETITION No. 205 of 1996
======================================
SALAUDDIN
MOHMMAD AMIN ANSARI - Applicant(s)
Versus
O.L.
OF AHMEDABAD COTTON MILLS & 3 - Respondent(s)
======================================
Appearance
:
MR ND SONGARA for
Applicant.
MR.HIREN M MODI for Official Liquidator.
MR MG
NAGARKAR for Respondents : 2 - 3.
NOTICE SERVED for Respondent No.
4.
======================================
CORAM
:
HONOURABLE
MR.JUSTICE K.A.PUJ
Date
: 07/10/2008
ORAL ORDER
This
Court has passed an order on 25.08.2008 directing the respondent
Nos.2 and/or 3 to deposit the amount of Rs.1,50,000/- with the
Registry of this Court within one month from the date of the order.
The order was passed on the basis of the statement made by Mr.
Songara, learned advocate appearing for the applicant that
properties of the Company in liquidation i.e. Ahmedabad Cotton Mills
Limited has been taken over by respondent No. 3 Gujarat State
Textile Corporation, Gandhinagar and respondent No.3 Gujarat
Industrial Development Corporation is looking after administration
of respondent No.2.
An
affidavit-in-reply is filed on behalf of respondent Nos.2 & 3 on
19.09.2008 wherein it is stated that the statement made on behalf of
the applicant is false and no property or assets of the Ahmedabad
Cotton Mills Limited is taken over by respondent Nos.3 & 4 and
the same is lying in the custody of the Official Liquidator. Even
the Official Liquidator has also confirmed the same.
In
view of this clarification, directions issued by this Court on
25.08.2008 to the respondent Nos.2 and/or 3 to deposit the amount of
Rs.1,50,000/- with the Registry of this Court are not required to be
complied with. However, at the same time, the order of the Labour
Court and/or Industrial Court in the T. application as well as
recovery application are in his favour and it is also an admitted
position that he has not been paid any amount till this date. A
dispute has been raised on behalf of the Official Liquidator that
earlier, he has moved this Court and this Court has directed the
applicant to approach the Official Liquidator by lodging his claim
and the said claim was directed to be examined on its own merits and
in accordance with law. Pursuant to the said directions, the matter
was referred to the Chartered Accountant and the Chartered
Accountant has submitted his report. In this view of the matter,
the claim of the present applicant is required to be examined on
merits and the fund position of the Company in liquidation is also
to be taken into consideration. The Official Liquidator is,
therefore, directed to file his report indicating the fund position
of the Company in liquidation. S.O. to 21.10.2008.
Sd/-
[K. A. PUJ, J.]
Savariya
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