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COMA/20120/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
COMPANY
APPLICATION No. 201 of 2010
In
COMPANY
PETITION No. 221 of 2001
=========================================
TEXTILE
LABOUR ASSOCIATION - Applicant(s)
Versus
OFFICIAL
LIQUIDATOR OF MAHESHWARI MILLS LTD ( IN LIQN.) - Respondent(s)
=========================================
Appearance :
MR
DS VASAVADA for
Applicant(s) : 1,
OFFICIAL LIQUIDATOR for Respondent(s) : 1,
MS
AMEE YAJNIK for Respondent(s) :
1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
Date
: 11/10/2010
ORAL ORDER
1. The
present application has been preferred by the applicant Labour
Association to direct the Official Liquidator for opening of dividend
account and to pay the workmen whose names are mentioned at
Annexure-B pursuant to the order passed by this Court in Company
Application No.422 of 2008 dated 7.9.2009.
2. As
such once the order is passed for disbursement of the amount, there
should not be any difficulty on the part of the Official Liquidator
paying the amount. It appears that these are the workmen who could
not apply for payment of the amount well in time and as a result
thereof, the amount has remained unpaid. Be that as it may, if the
proof of proper identity is produced, the Official Liquidator would
be required to make the payment through electronic mode by crediting
the amount in the Bank account of the person concerned.
3. Hence,
it is directed that the Official Liquidator shall operate a separate
dividend account of the amount which has remained unpaid and upon the
proof produced by the concerned workman, identity and the details of
the bank account, the Official Liquidator shall verify the quantum of
amount payable within two weeks thereafter and the payment shall be
credited in the bank account of the workman concerned within two
weeks thereafter. The aforesaid exercise for disbursement of the
amount shall be completed within a period of six months and if the
claim is not made during that period, the Official Liquidator shall
be at liberty to credit the amount before the appropriate authority
in accordance with law.
The
aforesaid direction shall also apply for the workmen who are referred
to in prayer (B) of Judges’ summons.
4. This
application stands disposed of accordingly.
[Jayant
Patel, J.]
mrpandya
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