Gujarat High Court
Gujarat Industrial Investment ... vs Official Liquidator Of Global Arya ... on 9 April, 2015
Author: S.R.Brahmbhatt
Bench: S.R.Brahmbhatt
O/COMA/244/2013 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
COMPANY APPLICATION NO. 244 of 2013
In COMPANY PETITION NO. 106 of 2002
[On note for speaking to minutes of order dated 30/03/2015 in
O/COMA/244/2013 ]
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GUJARAT INDUSTRIAL INVESTMENT CORPORATION LTD.....Applicant(s)
Versus
OFFICIAL LIQUIDATOR OF GLOBAL ARYA INDUSTRIES
LTD....Respondent(s)
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Appearance:
MR RD DAVE, ADVOCATE for the Applicant(s) No. 1
MR JS YADAV, ADVOCATE for the Respondent(s) No. 1
OFFICIAL LIQUIDATOR for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE S.R.BRAHMBHATT
Date : 09/04/2015
ORAL ORDER
The learned counsel for the applicant has invited this court's attention to the observations made in paragraph-2 and submitted that the same amount, i.e. 1,69,21,744/- ought to have been reflected in the final direction in paragraph-3 instead thereof of an amount of Rs.1,16,37,734/- is mentioned.
Therefore, the amount of Rs.1,69,21,744/- be read into the final direction in place of Rs.1,16,37,734/-. Orders accordingly.
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O/COMA/244/2013 ORDER
Speaking to the minutes is disposed of. At this stage, learned counsel for the Official Liquidator submitted that in due compliance with this order, there is already payment and disbursement to the tune of Rs.1,16,37,734/-, therefore, the order passed in the speaking to the minutes be construed as OL's obligation to pay the difference between the two.
(S.R.BRAHMBHATT, J.)
Vahid
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O/COMA/244/2013 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD COMPANY APPLICATION NO. 244 of 2013 In COMPANY PETITION NO. 106 of 2002 ====================================== GUJARAT INDUSTRIAL INVESTMENT CORPORATION LTD.....Applicant Versus OFFICIAL LIQUIDATOR OF GLOBAL ARYA INDUSTRIES LTD....Respondent ====================================== Appearance:
MR RD DAVE, ADVOCATE for the Applicant MR JS YADAV, ADVOCATE for the Respondent OFFICIAL LIQUIDATOR for the Respondent ====================================== CORAM: HONOURABLE MR.JUSTICE S.R.BRAHMBHATT Date : 30/03/2015 ORAL ORDER
1. Heard learned advocate for the parties. The applicant - sole secured creditor, in respect of the company in liquidation i.e. Global Arya Industries Ltd., has approached this Court and takenout this Judges Summons and filed affidavit in support thereof.
2. The Official Liquidator has filed reports and the reports indicated that the Official Liquidator's query qua sizable difference in the amount to be stated as an outstanding amount in the statement of affair disclosed by the responsible officer of the company, is only about Rs.1,69,21,744/, whereas, the secured creditor claimant and present applicant has demonstrated by way of evidences before the Chartered Accountant concerned that the claim amount is about Rs.11,16,37,734/.
In view thereof, it was urged on behalf of the Official Liquidator's office that let this undisputed amount be disbursed on adhoc basis and the Page 1 of 2 3 of 4 O/COMA/244/2013 ORDER applicant be calledupon to provide all documentary evidence and the calculation in respect of his claim and on basis whereof the Chartered Accountant may reflect as to what amount is admissible to the claimant.
3. The facts as narrated in this application indicates that prima facie there appears to be justification on the contention raised on behalf of the claimant that once there is a clearance from the Chartered Accountant, there cannot be any further requirement of probing at the end of Official Liquidator. The Court is inclined to order adhoc disbursement of Rs.1,16,37,734/ to the claimant at this stage, which interalia would governed by the final order that would be passed in this application and the applicant shall produce the documents, which were made basis for claiming and justifying the claim. The concerned Chartered Accountant of the Official Liquidator, who shall reflect upon it on the next date of hearing. The matter is fixed on 23rd April 2015. The official Liquidator is directed to pay amount of Rs.1,16,37,734/ on ad hoc basis.
(S.R.BRAHMBHATT, J.) Rathod...
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