Supreme Court - Daily Orders
Authorized Officer Asset ... vs Official Liquidator Of M/S Jhagadia ... on 5 July, 2017
Bench: Rohinton Fali Nariman, Sanjay Kishan Kaul
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS. 8698-99 OF 2017
(Arising out of SLP (C) Nos. 32873-32874 of 2016)
AUTHORIZED OFFICER, ASSET RECONSTRUCTION CO.
(INDIA) LTD. Appellant(s)
VERSUS
OFFICIAL LIQUIDATOR OF M/S JHAGADIA COPPER
AND ORS Respondent(s)
O R D E R
1) Leave granted.
2) By the impugned judgment of the Gujarat High Court dated
02.09.2016, Asset Reconstruction Company (India) Limited-the
appellant has been directed to associate with the Official
Liquidator and lodge its claim along with the claims of other unsecured creditors and workmen.
3) The appellant is aggrieved by this portion of the order inasmuch as it is pointed out to us that, by an order dated 27.01.2015 of the same High Court, the High Court held thus:
“For the foregoing reasons, the application is allowed. The sale in favour of M/s Hindustan Copper Limited pursuant to the auction held on 6 th January, 2015 conducted by the applicant, Asset Reconstruction Company (I) Limited is hereby confirmed”.Signature Not Verified
Digitally signed by R.NATARAJAN Date: 2017.07.08 4) On a reading of this order, it is clear that the 12:40:16 IST Reason: appellant, who is a secured creditor, who had stayed outside the winding up, had an auction sale conducted which ultimately 2 culminated in confirmation of such sale in favour of M/s Hindustan Copper Limited. All that the appellant before us was ordered to do by the said order was to file an undertaking before the Court that the amounts due to secured creditors and workers shall be disbursed in accordance with their share under the provisions of Section 529A of the Companies Act, 1956.
5) The said undertaking has been filed and Mr. Shyam Divan, learned senior counsel appearing on behalf of the appellant assures us that the undertaking will be carried out in letter and spirit. This being the case, it is obvious that the Official Liquidator's letters, including the letter dated 04.11.2015 calling upon the appellant to file its claim before the Official Liquidator, being contrary to the Gujarat High Court order dated 27.01.2015, would not be good in law. This being the position, the impugned order to the extent the appellant has been asked to submit its claim along with other secured creditors and workers to the Official Liquidator, is set aside.
6) The appeals are disposed of accordingly.
.......................... J. (ROHINTON FALI NARIMAN) .......................... J. (SANJAY KISHAN KAUL) New Delhi;
July 05, 2017.
3ITEM NO.45 COURT NO.12 SECTION III
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s).
32873-32874/2016
(Arising out of impugned final judgment and order dated 02-09-2016 in OJA No. 9/2016 02-09-2016 in MCA No. 204/2015 02-09-2016 in OLR No. 5/2015 in CP No. 42/2010 02-09-2016 in CA No. 169/2016 passed by the High Court of Gujarat at Ahmedabad) AUTHORIZED OFFICER ASSET RECONSTRUCTION CO.
(INDIA) LTD. Petitioner(s)
VERSUS
OFFICIAL LIQUIDATOR OF M/S JHAGADIA COPPER AND ORS Respondent(s)
Date : 05-07-2017 These petitions were called on for hearing today.
CORAM : HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN HON'BLE MR. JUSTICE SANJAY KISHAN KAUL For Petitioner(s) Mr. Shyam Diwan, Sr. Adv.
Mr. E.R. Kumar, Adv.
Ms. S. Lakshmi Iyer, Adv.
Mr. Akash Jindal, Adv.
Ms. Mohona Thakur, Adv.
For M/s. Parekh & Co.
For Respondent(s) Mr. Ravindra Kumar, AOR Kush Chaturvedi, AOR Mr. Dharmendra Kumar Sinha, AOR Ms. Pinki Anand, ASG Mr. Madhusudan Bhayana, Adv. Ms. Saudamini Sharma, Adv.
Mr. Vikram Singh, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeals are disposed of in terms of the signed order.
Pending applications, if any, stand diposed of.
(R. NATARAJAN) (SAROJ KUMARI GAUR) COURT MASTER COURT MASTER
(Signed order is placed on the file)