Supreme Court - Daily Orders
The Kelvin Jute Co.Ltd.Wors.P.F.. And ... vs Krishna Kumar Agarwala . And Ors. on 21 January, 2016
Bench: Kurian Joseph, Rohinton Fali Nariman
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NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 2591 OF 2006
THE KELVIN JUTE CO.LTD.WORS.P.F.& ORS. Appellant(s)
VERSUS
KRISHNA KUMAR AGARWALA & ORS. Respondent(s)
WITH
CIVIL APPEAL NO. 2593 OF 2006
J U D G M E N T
KURIAN, J.
1. After having extensively heard Mr. Dushyant Dave and Mr. Jayant Bhushan, learned senior counsel appearing for the appellants and Mr. Sudhir Chandra, Mr. Bhaskar P. Gupta and Mr. Krishnan Venugopal, learned senior counsel appearing for the respondents, we see no ground to interfere with the well reasoned order passed by the learned Single Judge of the Calcutta High Court, as affirmed by the Division Bench of the High Court, since the High Court has mainly proceeded on undisputed facts.
2. Mr. Krishnan Venugopal, learned senior counsel, has submitted that the Kelvin Jute Company Ltd. has Signature Not Verified Digitally signed by Jayant Kumar Arora Date: 2016.01.28 since merged into Trend Vyapaar Ltd. in 2001 under a 16:37:39 IST Reason: scheme formed by BIFR. We see from the Judgment that the direction for payment of the provident fund dues 2 is to the Trust as well as to the Company.
3. In the unlikely event of the Trust not able to meet the payment as directed by the High Court, it would be open to the new company referred to above to approach this Court for appropriate directions.
4. Since the matter has been pending before this Court since 2006 and as there was an order of stay of the Judgment of the High Court, we grant further period of three months for payment of the amount as directed by the High Court.
5. In view of the above, the Civil Appeals are dismissed with no order as to costs.
.......................J. [ KURIAN JOSEPH ] .......................J. [ ROHINTON FALI NARIMAN ] New Delhi;
January 21, 2016.
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ITEM NO.101 COURT NO.9 SECTION XV
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Civil Appeal No(s). 2591/2006
THE KELVIN JUTE CO.LTD.WORS.P.F.& ORS. Appellant(s)
VERSUS
KRISHNA KUMAR AGARWALA & ORS. Respondent(s)
(with application for substitution of respondent and directions and modification and office report) WITH C.A. No. 2593/2006 (With Office Report) Date : 21/01/2016 These appeals were called on for hearing today. CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN For Appellant(s) Mr. Jayant Bhushan, Sr. Adv.
Mr. Satish Vig, Adv.
Mr. Dushyant Dave, Sr. Adv.
Mr. C. Mukund, Adv.
for Dr. Kailash Chand, Adv.
For Respondent(s) Mr. Sudhir Chandra, Sr. Adv.
Mr. Bhaskar Gupta, Sr. Adv.
Mr. Parijat Sinha, Adv.
Mr. C. K. Jain, Adv.
Ms. Reshmi Rea Sinha, Adv.
Mr. S. C. Ghosh, Adv.
Mr. Debjyoti Basu, Adv.
Mr. Gaurav Ghosh, Adv.
Mr. Krishnan Venugopal, Sr. Adv. Mr. Pankaj Jain, Adv.
Mr. S. N. Mitra, Adv.
Mr. Rahul Gupta, Adv.
Mr. Jagdeep Singh Dhillon, Adv. Mr. Dipak Kumar Jena, Adv.
Mr. Manoj Prasad, Adv.
4Mr. Snehasish Mukherjee, Adv.
Ms. Aruna Gupta, Adv.
Ms. Indra Sawhney, Adv.
Ms. Reshmi Rea Sinha, Adv.
UPON hearing counsel the Court made the following O R D E R The Civil Appeals are dismissed in terms of the signed non-reportable Judgment.
Pending interlocutory applications, if any, are allowed.
(Jayant Kumar Arora) (Renu Diwan)
Sr. P.A. Court Master
(Signed non-reportable Judgment is placed on the file)