Gujarat High Court
Honest Industrial Sentinels vs Official Liquidator Of R K Taneja ... on 20 February, 2019
Author: C.L. Soni
Bench: C.L. Soni
C/COMA/70/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/COMPANY APPLICATION NO. 70 of 2018
In R/COMPANY APPLICATION NO. 303 of 2013
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HONEST INDUSTRIAL SENTINELS
Versus
OFFICIAL LIQUIDATOR OF R K TANEJA FASHION FABRICS PVT. LTD
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Appearance:
MRS VD NANAVATI(1206) for the PETITIONER(s) No. 1
MR BHARAT T RAO(697) for the RESPONDENT(s) No. 3
MS PJ DAVAWALA(240) for the RESPONDENT(s) No. 1
NOTICE SERVED(4) for the RESPONDENT(s) No. 2
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CORAM: HONOURABLE MR.JUSTICE C.L. SONI
Date : 20/02/2019
ORAL ORDER
1. The applicant has taken out judge's summons seeking direction to make payment of its outstanding bills of Rs. 12,69,471/- for security services provided by it from 31.11.2013 to 31.01.2018 for safeguarding the assets and properties of the company in liquidation.
2. The Official Liquidator has filed report dated 05.12.2018 stating that fund of only Rs. 1,60,945/- is in the company's account as on 28.02.2018. The Official Liquidator has therefore sought direction against the respondent nos. 2 and 3 - the Chairman and Managing Director, Bank of Baroda and the Manager, Bank of Baroda to deposit an amount of Rs. 12,69,471/- with the Official Liquidator being the amount outstanding as Page 1 of 2 C/COMA/70/2018 ORDER security expenses payable by them to the Official Liquidator.
3. In response to the notice issued by this Court, nobody appears for the respondent nos. 2 and 3. In such circumstances and especially when in absence of sufficient fund available with the Official Liquidator for protection of the company's property, which is ultimately for the benefit of the secured creditors, the Court deems it appropriate to direct, by way of interim direction, to the respondent nos. 2 and 3 to deposit an amount of Rs. 12,69,471/- with the Official Liquidator within a period of two weeks from the date of receipt of this order, for the purpose of making payment to the applicant against its outstanding bill for security services. S.O. to 19.03.2019.
4. Direct service for respondent no.3 is permitted. For the respondent no. 2, over and above the regular service of notice, the applicant is also permitted service of notice by speed post.
(C.L. SONI, J) Bhoomi Page 2 of 2