The Official Liquidator, High Court, Madras As The Privisional Liquidator Of M/S. Everonn Education v. Nil
Company Application No.213 of 2020 in M.SUNDAR, J 'Everonn Education Limited' [hereinafter 'said Company' for the sake of convenience and clarity] is the Company under liquidation in the aforementioned Company Petition i.e., 'C.P.No.37 of 2014' [hereinafter 'main CP' for the sake of convenience and clarity].
2. Captioned application i.e., Company Application No.213 of 2020 has been taken out by 'Official Liquidator attached to this Court' [hereinafter 'OL' for the sake of brevity] and Mr.Bavisetty Sridhar, learned 'Deputy Official Liquidator' [hereinafter 'Deputy OL' for the sake of brevity] is before this Company Court on behalf of OL.
3. Learned Deputy OL, submits that a 'report of OL dated 10.09.2020' [hereinafter 'said report' for the sake of convenience and clarity] has been filed in support of captioned application. It is also submitted that said Company went into liquidation on 29.08.2016 pursuant to orders made by this Company Court in main CP on that date. Adverting to said report, it is also submitted that OL took possession of Registered Office premises of said Company on 1/5
10.10.2016 and thereafter the liquidation process unfurled in accordance with law thereafter. The manner in which the liquidation process unfurled has been articulated in said report.
4. Be that as it may, it is submitted that captioned application has been taken out for the purpose of disbursing pending salary to Ex-employees of said Company, who had rendered service to said Company post liquidation also i.e., post 29.08.2016 also.
5. It is also submitted that amounts were remitted by Government of Gujarat and this is articulated in paragraph 13 of said report, which reads as follows:
'13. That the amount remitted by Government of Gujarat is also meant for disbursement of salary to the employees who coordinated in the projects. In this regard, subject to approval of this Hon'ble Court, it is proposed to disburse the salary amount due to the employees of the Company (in Provisional liquidation). The details of the amount due/paid/payable to the employees of ICT project, Gujarat are as follows: S.No.
Salary for month No.of Employees Amount due (in Rs.) Amount disbursed (in Rs.) Amount yet to disbursed (in Rs.) 1.
December2,26,935 - 2,26,935 2/5
S.No.
Salary for month No.of Employees Amount due (in Rs.) Amount disbursed (in Rs.) Amount yet to disbursed (in Rs.) 2.
December13,27,459 6,63,730 6,63,729 3.
January39,75,976 - 39,75,976 4.
February39,82,881 - 39,82,881 TOTAL 95,13,251 6,63,730 88,49,521 For the salaries claimed by the Project Management Team, even after completion of the project in February 2017, for the months from March'2017 to June'2017, a separate application will be moved after thorough verification of the claim.'
6. This Company Court, having perused the said report, having heard learned Deputy OL, being convinced that captioned application deserves to be ordered as prayed for as it is for payment of pending salary to Ex-employees, who have rendered service post liquidation. Captioned application ordered as prayed for. There shall be no order as to costs. 25.09.2020 kmi 3/5
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M.SUNDAR. J kmi 25.09.2020 5/5