Shrimant Pandurang Jadhav v. The Official Liquidator Of M/S Standard Fabricators (India) Ltd.

sat 0/2 cal 857-2015.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION (L) NO. 857 OF 2015 IN COMPANY PETITION NO. 650 OF 2006 WITH OFFICIAL LIQUIDATOR'S REPORT DT. 2/2/2016 Shrimant Pandurang Jadhav ...Applicant and B.I.F.R. Ministry of Finance, Department of Financial Services, New Delhi

...Petitioner

vs.

The Official Liquidator of M/s.Standard Fabricators (India) (In Liqn.) ....Respondent Ms.Molina Thakur for Applicant.

Mr.Mahendhar Aithe, Company Prosecutor for Official Liquidator. CORAM : S.C. GUPTE, J.

21 DECEMBER 2016 P.C. :

This company application is for declaration of dividend to the workmen of the company (in liquidation), who are represented by the Applicant. The application is actually shown on the website as "dismissed for non-removal of office objections" under Rule 986 of the Bombay High Court (Original Side) Rules. There is, however, a report of the Official Liquidator presented in the company application, which prays for directions to declare and pay dividend of 36 paise in a rupee to 37 workers, whose claims are admitted, and who are the very workers whom the Applicant represents in the present application.

sat 1/2 cal 857-2015.doc Since anyway I have to pass an order on the Official Liquidator's Report, the self-operative order of dismissal of the application for nonremoval of office objections is recalled and the application is restored to file. The company application and the Official Liquidator's report dated 2 February 2016 presented in the company application are disposed of by allowing prayer clauses (a), (b) and (c) of the Liquidator's report dated 2 February 2016. The Applicant shall, however, remove the office objections within a period of two weeks from today.

(S.C. Gupte, J.)