Supreme Court - Daily Orders
P.K. Dalmia vs O.P. Sharma/M.K. Bagree on 9 October, 2017
Bench: S.A. Bobde, L. Nageswara Rao
1
ITEM NO.1 COURT NO.6 SECTION XI
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
CONMT.PET.(C) No.927/2016 In CONMT.PET.(C) No.378/2015 In SLP(C)
No.16659/2011
P.K. DALMIA Petitioner(s)
VERSUS
O.P. SHARMA/M.K. BAGREE & ANR. Respondent(s)
(FOR PERMISSION TO FILE ADDITIONAL DOCUMENTS ON IA 48993/2017 and
IA No.79013/2017-APPROPRIATE ORDERS/DIRECTIONS)
Date : 09-10-2017 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE S.A. BOBDE
HON'BLE MR. JUSTICE L. NAGESWARA RAO
For Petitioner(s) Petitioner-in-person
For Respondent(s) Mr. Manish K. Bishnoi, AOR
Mr. Devansh Srivastava, Adv.
Mr. Ashok Mehta, ASG
Gp. Capt. Karan Singh Bhati, AOR
Mr. Gopal, Adv.
Mr. Hemandra Sharma, Adv.
UPON hearing the counsel the Court made the following
O R D E R
By order dated 11.01.2016, this Court had permitted the petitioner viz., P.K. Dalmia to move the learned Company Judge by making calculation of his entitlement and also directed the Official Liquidator to file its counter to the said claim. This Signature Not Verified Court requested the learned Company Judge to hear the petitioner Digitally signed by SANJAY KUMAR Date: 2017.10.10 16:56:08 IST Reason: and the Official Liquidator and determine whether or not the petitioner is entitled for anything more than what has already been 2 paid to him. The petitioner has been paid a sum of Rs.3,88,000/- (Rupees three lakh eighty eight thousand only). After such determination, the petitioner was permitted to move this Court for passing further orders.
Pursuant to the above, a copy of the order dated 28.04.2017 passed by the learned Company Judge has been placed before us wherein the learned Company Judge rejected the application of the petitioner by holding that the amount lying with the Official Liquidator is not sufficient to satisfy the secured creditors and therefore, the claim of the petitioner being an unsecured creditor cannot be considered in the backdrop of the orders already passed by the Company Judge rejecting the claim of the unsecured creditors.
It is obvious that the aforesaid order of the learned Company Judge falls short of complying with the order dated 11.01.2016 of this Court whereby this Court has specifically sought a determination of the amount if any due to the petitioner viz., P.K. Dalmia. That not having been done, we are constrained to set aside the order dated 28.04.2017 passed by the learned Company Judge. We order accordingly and the matter is remitted back to the learned Company Judge for determination of the petitioner's claim.
The Petitioner is also given liberty to file a fresh comprehensive claim before the learned Company Judge within a period of eight weeks from today.
The learned Company Judge is again requested to decide the claim of the petitioner in accordance with this Court's order dated 11.01.2016. After such determination, the order of the learned 3 Company Judge shall be placed before this Court for passing further orders.
Needless to mention that the learned Company Judge may take assistance of an independent Chartered Accountant, if found necessary.
As prayed for by learned counsel appearing for respondent- Contemnor No.1, the ex-official liquidator viz., Mr. O.P. Sharma is discharged from the instant contempt petition. List the matter on receipt of the order to be passed by the learned Company Judge.
(SANJAY KUMAR-II) (INDU KUMARI POKHRIYAL) COURT MASTER (SH) BRANCH OFFICER