Karnataka High Court
Shailesh S Borkar vs M/S Kingfisher Airlines Limited on 7 March, 2024
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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NC: 2024:KHC:9678
CA No. 231 of 2022
In COP No.214/2012
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
COMPANY APPLICATION NO. 231 OF 2022
IN
COMPANY PETITION NO. 214/2012
BETWEEN:
SHAILESH S BORKAR
S/O SHANTARAM BORKAR,
AGED 57 YEARS,
RESIDING AT SHRI AMITA CHS LTD,
B WING, FLAT NO.8,
GUJARATI SOCIETY ROAD,
VILE PARLE (EAST)
MUMBAI 400057.
...APPLICANT
(BY SRI. MANMOHAN P N.,ADVOCATE)
AND:
Digitally signed M/S KINGFISHER AIRLINES LIMITED
by (IN LIQUIDATION)
NARAYANAPPA REPRESENTED BY THE OFFICIAL LIQUIDATOR,
LAKSHMAMMA HIGH COURT OF KARANTAKA,
Location: HIGH CORPORATE BHAVAN, NOS. 26-27,
COURT OF 12TH FLOOR, RAHEJA TOWRS,
KARNATAKA
M.G.ROAD,
BENGALURU-560001.
...RESPONDENT
(BY SRI. K.S. MAHADEVAN., ADVOCATE FOR O.L)
THIS COMPANY APPLICATION IS FILED UNDER RULE 164 OF
THE COMPANY (COURT) RULES, 1959, PRAYING TO SET ASIDE THE
ORDER DATED 27.06.2022 PASSED BY THE DEPUTY OFFICIAL
LIQUIDATOR (NOW REPRESENTED BY OFFICIAL LIQUIDATOR)
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NC: 2024:KHC:9678
CA No. 231 of 2022
In COP No.214/2012
BEARING REF: OLB/COP.NO.214/2012 /C.NO.283/SEC-
IX(V)/2022/858 PASSED IN COMPANY PETITION NO.214/2012 IN SO
FAR AS PARTLY REJECTING THE CLAIM TOWARDS GRATUITY AND
REJECTING THE CLAIM TOWARDS INTEREST ON GRATUITY, AND
ALLOW THE CLAIM TOWARDS GRATUITY (I.E., RS.55,86,593/- AND
INTEREST ON GRATUITY AT THE RATE OF 10% P.A. FROM THE DATE
ON WHICH GRATUITY BECAME PAYABLE (I.E., 02.08.2014) TILL THE
DATE OF PAYMENT IN THE INTEREST OF JUSTICE AND EQUITY.
THIS COMPANY APPLICATION, COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. Company Application No.231/2022 has been filed seeking for the following relief;
i. To set aside the order dated 27.06.2022 passed by the Deputy Official Liquidator (now represented by Official Liquidator) bearing Ref: OLB/Cop.No.214/2012 /C.No.283/Sec-IX(V)/2022/858 passed in Company Petition No.214/2012 in so far as partly rejecting the claim towards Gratuity and rejecting the claim towards interest on Gratuity, and allow the claim towards Gratuity (i.e., Rs.55,86,593/- and interest on Gratuity at the rate of 10% p.a. from the date on which Gratuity became payable (i.e., 02.08.2014) till the date of payment in the interest of justice and equity.
2. The reason why the above application was filed was that by order dated 27.06.2022 the Official Liquidator had rejected the claim of the applicant. Today a submission is made by learned counsel for the Official Liquidator that subsequently certain documents have been furnished to -3- NC: 2024:KHC:9678 CA No. 231 of 2022 In COP No.214/2012 the Official Liquidator, the claim has been readjudicated and redetermined and the admitted amount as per the said adjudication is Rs.47,97,113/- which would be paid after the claims are called for from all the concerned, properties are sold and determination made as regards the pro-rata payment. The said submission answers the grievance of the petitioner.
3. Placing the said submission on record, CA No.231/2022 stands disposed.
Sd/-
JUDGE LN List No.: 2 Sl No.: 8