Mr. Ranjendra Vasant Surve And 7 ORS. v. The Official Liquidator, High Court Bombay

30-CA-427-14+.DOC Sayali Upasani

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL JURISDICTION COMPANY APPLICATION NO.427 OF 2014 IN COMPANY PETITION NO.1176 OF 2001 Rajendra Vasant Surve & Ors ...Applicants In the matter between Indian Link Chain Manufactures Ltd

...Petitioner

Vs.

The Official Liquidator, High Court, Bombay

...Respondent

Mr. T.R. Yadav, for Applicant.

Mr. S. Chauhan, for Deputy Official Lquidator.

CORAM:

N. J. JAMADAR, J.

DATED :

7th JANUARY, 2023 PC:- COMPANY APPLICATION NO.427 OF 2014 1.

When the matter was listed before the Court on 14th September, 2022, a statement was made on behalf of the Official Liquidator that the Official Liquidator will consider the averments in the application and file appropriate report.

2.

Deputy Official Liquidator submitted that the Official Liquidator has filed OLR No. 133 of 2022. However, the OLR is not on Board. OLR is taken on Board.

1/2

30-CA-427-14+.DOC 3.

Official Liquidator has filed OLR No. 133 of 2022 seeking inter alia, the following directions.

"a) In view of para (5) above, whether this Hon'ble Court may be pleased to permit Official Liquidator to issue a duplicate notice of payment to the above said four (4) workers and thereafter made payment to them within 3 weeks from the date of receipt of duly discharges Notice of Payment.

b) In view of para (5) whether this Hon'ble Court may be pleased to extend time by 6 months from the date of the order that may be passed, to receive and pay the dividend to claimants who may approaches to the Official Liquidator as per prayer clause (d) of Official Liquidator Report's No.14 of 2019 and order dated 13/02/2019."

4.

The learned Counsel submits that in the event, the aforesaid directions are issued, the grievances of the workmen would be redressed and the prayers in the application stand worked out. 5.

The learned Counsel submits that one of the workman Mr. Janardan L Shriskar whose claim has been admitted, is not included in the report filed by the OLR. The learned Counsel submitted that Mr. Janardan L Shriskar is entitled to third dividend. 6.

In view of the aforesaid submission, the OLR is made absolute in terms of prayer clauses a) and b).

7.

The Official Liquidator is further directed to consider the claim of Mr. Janardan L Shriskar for disbursement of the third dividend and, if found admissible, disburse the same.

8.

The application and OLR stand disposed. [N. J. JAMADAR, J.] 2/2