M/S. Harika Resins Private Limited., (In Liqn) v. -
HON'BLE SRI JUSTICE CHALLA KODANDA RAM COMPANY APPLICATION No.1302 of 2015 ORDER:
This Company Application is filed by the Official Liquidator on behalf of M/s. Harika Resins Private Limited (in liquidation) seeking permission of the Court to engage the services of an Advocate at Bangalore to contest the case on his behalf for the company in liquidation; to fix the fees of the Advocate for arguing the appeal in Appeal No.E/386 & 387/2012-DB pending before the Customs, Excise & Service Tax Appellate Tribunal, WTC Building, Bangalore; to permit to pay the fees of the Advocate from out of the Estate and Establishment Fund and recoup the same as and when the funds are received by the company in liquidation and to order that the costs of this application do come out of the assets of the company in liquidation.
2) Today when the matter is taken up, Mr. M. Anil Kumar, learned counsel for the Official Liquidator, submitted that the jurisdiction of the Andhra Pradesh cases in relation to Excise and Customs is vested with the CESTAT Bench at Hyderabad with effect from 14.12.2015 and also there is a demand of an amount of about Rs.48,00,000/- pending against the company in liquidation and therefore, he prayed this Court to appoint a counsel well versed with the Excise and Customs matters to represent the company in liquidation.
3) Considering the amount involved, the Official Liquidator is permitted to engage the services of Sri C.V.Narasimham, Advocate, to contest the subject appeal on his behalf for the company in liquidation. The said Advocate shall be paid a lumpsum amount of Rs.60,000/- towards fees and Rs.5,000/- towards expenses and the Official Liquidator is permitted to pay the same from out of the Estate and Establishment Fund and recoup the same as and when the funds are
received by the Company in Liquidation. The Official Liquidator shall contact the said Advocate and provide necessary assistance to him.
4) This Company Application is allowed accordingly. ____________________________ CHALLA KODANDA RAM, J Dated: 31.12.2015 v v HON'BLE SRI JUSTICE CHALLA KODANDA RAM COMPANY APPLICATION No.1302 of 2015
DATE:31.12.2015 V V