Gujarat High Court
Central Board Of Trustee Epf vs Official Liquidator Of Esskay ... on 4 December, 2018
Author: R.M.Chhaya
Bench: R.M.Chhaya
C/COMA/23/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/COMPANY APPLICATION NO. 23 of 2017
In
COMPANY PETITION NO. 289 of 1997
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CENTRAL BOARD OF TRUSTEE EPF
Versus
OFFICIAL LIQUIDATOR OF ESSKAY PHARMACEUTICALS LTD
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Appearance:
MS E.SHAILAJA(2671) for the PETITIONER(s) No. 1,2
MS KJ BRAHMBHATT(202) for the RESPONDENT(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE R.M.CHHAYA
Date : 04/12/2018
ORAL ORDER
Heard Ms. E. Shailaja, learned counsel for the applicants and Ms. K.J.Brahmbhatt, learned counsel for the respondent - Official Liquidator.
2. By this summons, the applicants have prayed for direction directing the Official Liquidator to deposit provident fund dues as indicated in the Annexure-F to this application.
3. It is a matter of record that, vide order dated 11.03.2004 passed by this Court, the Company viz. M/s. Esskay Pharmaceuticals Ltd., was ordered to be wound up.
4. Learned counsel for the applicants has relied upon several reminders, which have been sent to the office of the Official Liquidator, which are forming part of the record of this application. However, upon instructions, learned counsel for the Official Liquidator states that the Official Liquidator has no fund in the account of the Company (in liquidation). She further submitted that even though the efforts were made for disposal of the assets of the Company (in liquidation), the same were failed and therefore, the demand raised by the applicants can be looked into as and when Page 1 of 2 C/COMA/23/2017 ORDER some funds are available. She also submitted that the Official Liquidator is in process of making further effort for disposal of the assets of the Company (in liquidation).
5. In light of the aforesaid and considering the fact that the properties of the Company are yet to be disposed of and no funds are available in the account of the Company, prayer prayed for in this application cannot be considered at this stage. It is, however, provided that the Official Liquidator while dealing with the properties and in the event if any funds are received, the same shall be disbursed only after taking into considering the judgment of the Apex Court in the case of Employees Provident Fund Commissioner Vs. Official Liquidator of Esskay Pharmaceuticals Limited, reported in 2011 (10) SCC 727. It would be open for the applicants to file fresh application on the same subject matter as and when funds are available and disposal of this application shall not in any manner curtail or prejudice the rights of the applicants.
(R.M.CHHAYA, J) SUCHIT Page 2 of 2