The Official Liquidator v. M/S.Kotak Mahindra Bank Ltd

in C.P.No.54 of 2012 KRISHNAN RAMASAMY, J.

This application is filed to (a) take this report on record.

(b) To permit the official liquidator to appoint an advocate to represent on behalf of the official liquidator before the Hon'ble High Court of Telangana in the second appeals. (c) To direct the respondent herein to bear the legal and other incidental expenses in connection with the second appeal pending before the High Court, Telangana and (d) To permit the official liquidator to meet all the incidentlal expenses such as advocate fee, etc., from the amount to be received from the respondent herein.

2. According to the learned Official Liquidator, Comp.A.No.68 of 2022 was initially filed by the respondent herein to direct the learned Official Liquidator to take necessary steps to safeguard the asset of the company in liquidation by moving appropriate application against the second appeals in S.A.Nos.643 and 846 of 2014. Since no sufficient fund is available, the present application was filed by the learned Official Liquidator Page No.1/4

seeking direction of this Court to appoint an Advocate to represent him before the High Court of Telangana in the aforesaid second appeals and also to direct the respondent to bear the fee and other expenses in connection with the said second appeals.

3. Further, the learned Official Liquidator would submit that he had called for quotation from the Advocates to represent him before the Telangana High Court in the said second appeals and received the details of the Advocates along with their fee schedule, which reads as follows: S.No Name and Address of the Advocate Fee Schedule Sr.C.H.Srinivasalu, Flat No.103, Sri Sai Residency, Back to Sai Baba Mandir, Road No.5, Sai Nagar Colony, Hyderabad 500 068 Rs.75,000 for each S.A.

and requires 50% of total fee at the time of first hearing and remaining 50% at the time of final hearing Shri TVSP SAI VIHARI, Advocate, Hyderabad Rs.50,000/- for each S.A and requires 50% of total fee at the time of first hearing and remaining 50% at the time of final hearing.

Sri Santhosh Jadhay, D.No.10-1-98/31/1, Bhagyanagar, Saroornagar, Hyderabad 500 035.

Rs.1,00,000/- for each S.A.

4. In view of the above, this Court directs the learned Official Page No.2/4

Liquidator to engage Shri TVSP SAI VIHARI, Advocate, Hyderabad to represent him before the Telangana High Court in the said second appeals. Further, in view of the non-availability of sufficient funds with the learned Official Liquidator, the respondent being secured creditor, is hereby directed to bear expenses to conduct the proceedings before the Telangana High Court in the above second appeals.

5. Accordingly, this application is ordered as prayed for. 16.06.2023 nsa Page No.3/4

KRISHNAN RAMASAMY, J.

nsa in C.P.No.54 of 2012 16.06.2023 Page No.4/4