Hariganga Alloys And Steel Ltd. (In Liquidation) v. None
2024:BHC-NAG:2481 1 OLR 9.2023.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, AT NAGPUR.
Official Liquidator's Report No. 9 of 2023 in Company Petition No.
of [In the matter of appointment of Advocate before the Apex Court and payment of professional fees in respect of "Hariganga Alloys and Steel Ltd."(In Liquidation)] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Shriniwas Deshpande, Advocate for the Official Liquidator CORAM : ANIL L. PANSARE J .
DATED : 29-02 -202 On 2-2-2024, following order was passed.
"C OMPANY APPLICATION (CAO) NO. 168 OF .
By speaking to minutes, the learned Counsel intends to point out that the order dated 19/1/2024 passed in OLR No. 9 of 2023 in Company Petition No.6/1999 has been not uploaded and in place the order passed in OLR No.9/2022 has been uploaded.
2.
The learned Counsel ought to have approached the Registry in this regard which would have corrected the error, if any.
3.
With the above clarification, Company Application stands disposed of accordingly.
OFFICIAL LIQUIDATOR REPORT NO. 09 OF 2023 .
The Official Liquidator shall take instructions from the office of the Official Liquidator at Delhi as to why and under whose authority he approached the Delhi High Court for certification of payment of Advocate's fee, which High Court was not even seized of the matter and shall file report to that effect.
2.
Stand over to 23rd February, 2024."
2 OLR 9.2023.odt 2.
In response, the Official Liquidator has filed on record pursis dated 28-2-2024. The letter dated 27-2-2024 issued by the Official Liquidator, Delhi High Court is annexed with the pursis. It indicates that the counsel has been appointed in terms of order passed by Delhi High Court. The fees of Rs. 75,000/- has been paid to the counsel after getting approval from Delhi High Court. Thus, the Official Liquidator, Delhi High Court has acted in terms of the order passed by Delhi High Court. The Official Liquidator approached Delhi High Court despite knowing the fact that it was not seized of the matter, rather this Court was seized of the matter. In the circumstances, there arises no question to permit and ratify the action taken by the Official Liquidator, Delhi High Court for appointing Shri Ashok Mathur to appear before the Supreme Court and to conduct the proceedings, particularly when this Court was kept in dark while appointing Shri Mathur as an Advocate. Even payment has been parted with. I am thus not inclined to ratify the act of Official Liquidator.
3.
The O.L.R. is disposed of accordingly.
(Anil L. Pansare, J.) wasnik