Delhi High Court - Orders
Savino Del Bene Freight ... vs Svil Mines Ltd on 20 October, 2022
Author: Navin Chawla
Bench: Navin Chawla
$~6 (company)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CO.PET. 484/2013
SAVINO DEL BENE FREIGHT FORWARDERS(INDIA) PVT LTD
..... Petitioner
Through:
versus
SVIL MINES LTD ..... Respondent
Through: Ms Ruchi Sindhwani, SC Ms.Megha
Bharara, Adv. for OL.
Ms.Manisha Tyagi, Adv. in CA
1063/2019.
Mr.Abhigyan Chaudhary, Adv. in CA
2100/2017.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
ORDER
% 20.10.2022 CO.APPL.1063/2019
1. By this application, the applicant M/s. Pioneer Security & Allied Service Pvt. Ltd., prays for release of the payment of Rs.51,89,580/- for providing security services at the behest of the Official Liquidator.
2. In its reply filed by the Official Liquidator, it is stated that an amount of Rs.33,93,770/- is found due and payable to the applicant, however, a sum of Rs.9,11,828/- towards ESI, EPF and GST is being retained and shall be paid to the applicant only after the documents/proof has been submitted by the applicant and the same is verified by the Official Liquidator. It is further submitted that the fund position of the Company (In. Liqn.) as on 31.07.2022 is (-) Rs.90,11,396/-.
Signature Not Verified Digitally Signed By:SHALOO BATRA Signing Date:27.10.2022 16:39:533. In view of the above, the Official Liquidator is directed to release at least the admitted amount of Rs. 33,93,770/-, after retaining the security of Rs.9,11,828/-, to the applicant from the common pool fund, within a period of two weeks from today.
4. The applicant shall appear before the Official Liquidator on 24.11.2022 at 4.00 p.m., along with all necessary documents in support of not only the retained amount but also in respect of the balance claimed by the applicant. The Official Liquidator shall file a further report after perusing the documents produced by the applicant.
5. During the course of the hearing, it was put to the learned counsel for the Official Liquidator as to what steps have been taken by the Official Liquidator towards disposal of the properties for which the applicant has raised these charges. The learned counsel for the Official Liquidator has submitted that a report in this regard has been filed before this Court.
6. The counsel for the Official Liquidator shall ensure that the OLR is listed before this Court expeditiously. The Registry is directed to list the same with all objections, if any.
7. List on 23rd January, 2023.
CO.APPL.2100/20178. The learned counsel for the applicant submits that the Corporate Insolvency Resolution Process has been initiated against the applicant and she shall be seeking necessary instructions and take necessary steps in that regard.
9. At her request, re-list on 23rd January, 2023.
CO.APPL.196/202010. The learned counsel for the Official Liquidator points out that this Signature Not Verified Digitally Signed By:SHALOO BATRA Signing Date:27.10.2022 16:39:53 application already stands disposed of vide order dated 24.04.2020.
11. The same should not be shown in the Cause List any further.
CO.APPL.197/202012. The learned counsel for the Official Liquidator points out that this application already stands disposed of vide order dated 20.04.2020.
13. The same should not be shown in the Cause List any further. CO.PET.484/2013 & CO.APPL.79/2019, 1213/2019
14. List on 23rd January, 2023.
NAVIN CHAWLA, J OCTOBER 20, 2022/Arya Signature Not Verified Digitally Signed By:SHALOO BATRA Signing Date:27.10.2022 16:39:53