Parner Taluka Sahakari Sakhar Karkhana Maryadit Through Its Liquidator v. Gangadhar Laxman Kawade And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 909 CIVIL APPLICATION NO. 15055 OF 2019 IN CA/10947/2019 IN WP/1279/2019 SAMBHAJI BABURAO BELOTE AND OTHERS CA/15056/2019 IN CA/11229/2019 ANIL VISHNU GAGRE AND OTHERS CA/15057/2019 IN CA/11234/2019 BAJIRAO THAKAJI BHANDALKAR CA/15058/2019 IN CA/11235/2019 BHASKAR SAMPAT THORAT AND OTHERS CA/15059/2019 IN CA/11236/2019 SAMPAT BABAN SARDE AND OTHERS

CA/15060/2019 IN CA/11237/2019 JAYSING KISAN WAGH AND OTHERS CA/15061/2019 IN CA/11227/2019 NILESHWAR RAMCHANDRA GAT AND OTHERS CA/15062/2019 IN CA/11232/2019 BHASKAR HARIBHAU JADHAV AND OTHERS CA/15063/2019 IN CA/11244/2019 GANGADHAR RAGHUNATH GAGARE AND OTHERS CA/15064/2019 IN CA/11233/2019

REVANNATH DADASAHEB MAGAR AND OTHERS CA/15065/2019 IN CA/11246/2019 UMAJI TABAJI SARDE AND OTHERS CA/15066/2019 IN CA/11212/2019 BABAN REVJI BELOTE AND OTHERS CA/15067/2019 IN WP/1295/2019 GANGADHAR LAXMAN KAWADE AND OTHERS CA/15079/2019 IN CA/11241/2019 LAXMAN KHANDU VARPE AND OTHERS CA/15080/2019 IN CA/11211/2019 SAMPAT DIGAMBAR KEDARI AND OTHERS

CA/15082/2019 IN CA/11224/2019 INDRABHAN RAMBHAU PIMPARKAR AND OTHERS CA/15083/2019 IN CA/11230/2019 LAXMAN RANGNATH TIKONE AND OTHERS CA/15084/2019 IN CA/11226/2019 DHONDIBHAU KESHAV SHRIMANDILKAR AND OTHERS CA/15085/2019 IN CA/11238/2019 BANSI VITTHAL GAWALI AND OTHERS CA/15086/2019 IN CA/11251/2019 BABAJI NAMDEO JADHAV AND OTHERS

CA/15087/2019 IN CA/11248/2019 RAJARAM HARI PIMPARKAR AND OTHERS CA/15088/2019 IN CA/11249/2019 POPAT ANANDA KADAM AND OTHERS CA/15089/2019 IN CA/11214/2019 SHIVAJI YAMANJI KSHIRSAGAR AND OTHERS CA/15090/2019 IN CA/11221/2019 HARIDAS BHAGAJI KOKATE AND OTHERS CA/15091/2019 IN CA/11240/2019 ASHOK MARUTI KAWADE AND OTHERS CA/15092/2019 IN CA/11210/2019

LAHANU NATHA YEOLE AND OTHERS CA/15093/2019 IN CA/11250/2019 DATTATRAYA TUKARAM ROHOKALE AND OTHERS CA/15094/2019 IN CA/11206/2019 BALKISHAN BANSI CHAUDHARI AND OTHERS CA/15095/2019 IN CA/11209/2019 MADHUKAR RAMBHAU PIMPARKAR AND OTHERS CA/15096/2019 IN FA/1946/2018 SHAHEEN BEGUM SHARIF SHAIKH CA/15097/2019 IN CA/11243/2019

SONYABAPU GULAB GHORPADE AND OTHERS CA/15098/2019 IN CA/11247/2019 SUBHASH NARSU BALOTE AND OTHERS CA/15099/2019 IN CA/11239/2019 DASHRATH GENU WAKHARE AND OTHERS CA/15106/2019 IN CA/11207/2019 VISHNU MARTAND SARDE AND OTHERS CA/15107/2019 IN CA/11216/2019 BABURAO TABAJI MULE AND OTHERS CA/15108/2019 IN CA/11228/2019 KALYAN SHIVRAM AWARI AND OTHERS

CA/15109/2019 IN CA/11219/2019 SATYAWAN KESHAV DUDHADE AND OTHERS CA/15110/2019 IN CA/11208/2019 KASHINATH NANA THOPTE AND OTHERS CA/15115/2019 IN CA/11222/2019 VISHWAS SADASHIV KAPSE AND OTHERS CA/15116/2019 IN CA/11231/2019 BALU GANPAT PATHARE AND OTHERS ...

Advocate for the Applicant : Shri P. R. Nangre Advocate for Respondent No.1 : Shri P. V. Barde AGP for Respondent No. 3 : Shri S. W. Munde ...

CORAM : RAVINDRA V. GHUGE, J.

DATED : 19th DECEMBER, 2019 ...

PER COURT :

1.

I have heard the learned Advocates for the applicant establishment and on behalf of the Respondent workers.

2.

This is a second application moved by the applicant establishment seeking extension of time for depositing Rs. 41,00,000/- as ordered by the Labour Court and this Court. Extension of time is sought by 30 days. However, an additional afdavit is tendered on 18/12/2019 and contends that the properties which were to be liquidated, have hit a road block as only one bidder had come forward to present his bid. 3.

The learned Advocate for the workers submits that the liquidator had received an amount of Rs. 1,64,45,639/-.

4.

As such, I allowed a pass over to the learned Advocates so that the statement of expenditure can be tendered by the liquidator to this Court.

5.

After the matter was called out, the learned Advocate for the liquidator presented a communication received by him during lunch recess dated 19/12/2019 which is taken on record and marked as 'X' for identifcation.

6.

I fnd from the chart 'X' that Advocate's fees in the LAR proceedings is Rs. 16,18,018/-. The Advocate's Fees for the Labour Court is Rs. 5,54,550/-. The Advocate's fees for the High Court in one batch of litigation is Rs. 8,29,400/-.

7.

It is informed that out of the amount of Rs. 1,64,45,639/-, only Rs. 8,30,000/- is now available. 8.

Considering the above, all these Civil Applications are partly allowed. The Applicant liquidator shall deposit the amount of Rs. 8,00,000/- in the Labour Court at Ahmednagar, on or before 03/01/2020 from the amount available in the chart 'X'. So also, the applicant shall deposit the remainder amount of Rs. 33,00,000/- before the Labour Court, on

or before 15/02/2020, failing which, the workers would be at liberty to initiate steps against the liquidator in the nature of a criminal (ULP) complaint or execution proceedings.

(RAVINDRA V. GHUGE, J.) shp/-