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Bombay High CourtOLR/61/2025disposed off

Official Liquidator Of Various Companies (In Liquidation) v. Na

2025-09-02Hon'Ble Justice Shri Arif S. Doctor3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION OFFICIAL LIQUIDATOR REPORT NO.61 OF 2025 In the matter of The Companies Act, 1956 And In the matter of Various Companies (In Voluntary Liquidation) ----- Mr. Ranjeev Carvalho, for the Official Liquidator. Mr. Anil Bhagure, Deputy Official Liquidator, present. ----- CORAM : ARIF S. DOCTOR, J.

nd SEPTEMBER, 2025.

DATE : 2 P.C:

1.

The captioned Official Liquidator Report seeks the following reliefs: "a) In view of para (7) & (8), whether this Hon'ble Court may be pleased to sanction Rs.3,03,500/- (Rupees Three Lacs Three Thousand Five Hundred Only) to Ms. Chaitali Pradeep Chaudari as ordered by Government Labour Officer (Appointed under the Maternity Benefit Act), Mumbai towards Maternity Benefit from Company Pool Fund Account of the Official Liquidator."

2.

Heard Mr. Carvalho, Learned Counsel appearing on behalf of the Official Liquidator.

3.

Mr. Carvalho points out that one Ms Chaitali Pradeep Chaudari had joined the office of the Official Liquidator as a drafting counsel and during her service, she had intimated to the office of the Official Liquidator that she was pregnant and had thus applied for maternity leave and also filed an

2/3 application seeking maternity benefit payment approval under the provisions of the Maternity Benefit Act 1961. 4.

Mr. Carvalho submitted that the application for maternity benefit payment came to be rejected by the Official Liquidator on the ground that the terms of the engagement of Ms. Chaitali Pradeep Chaudari by the Official Liquidator did not entitle her to any maternity benefit. Mr. Carvalho pointed out that, aggrieved by the rejection of maternity benefit, Ms Chaitali Pradeep Chaudari had filed a writ petition before this court, being Writ Petition St. No. 33389 of 2024, which came to be disposed of by permitting her to file an appropriate application under Section 17 of the Maternity Benefit Act 1961 before the Competent Authority.

5.

Ms. Chaitali Pradeep Chaudari then filed such an application before the Competent Authority appointed under the Maternity Benefit Act, Mumbai. Mr. Carvalho pointed out that the said Application came to be allowed, and Ms Chaitali Pradeep Chaudari was held entitled to the sum of Rs. 3,03,500/- towards maternity benefits. He submitted that the Official Liquidator had decided to accept the Order of the Competent Authority and not challenge the same and had thus filed the present Official Liquidator's Report.

6.

After having heard Mr. Carvalho and having perused the Official Liquidator's Report, given that there is an order directing the Official Liquidator to make payment of maternity benefits to Ms. Chaitali Pradeep Chaudari which order has been accepted by the Official Liquidator, who

3/3 does not dispute either on merits or the quantum. In my view, the Official Liquidator Report must be made absolute in terms of prayer clause (a) as already reproduced above.

7.

Official Liquidator Report is accordingly allowed and disposed of. [ARIF S. DOCTOR, J.]