Bombay High Court
Mr. Ranjendra Vasant Surve And 7 Ors vs The Official Liquidator, High Court ... on 26 June, 2019
Author: S.J. Kathawalla
Bench: S.J. Kathawalla
kpd 1 / 3 901-CA-659-2012.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
COMPANY APPLICATION NO. 659 OF 2012
IN
COMPANY PETITION NO. 1176 OF 2001
Navinon Employees' Forum ... Applicant
In the matter between :
Indian Link Chain Manufacturers Ltd. ... Petitioner
Versus
The Official Liquidator, High Court, Bombay (Navinon Ltd.) ... Respondent
WITH
COMPANY APPLICATION NO. 427 OF 2014
IN
COMPANY PETITION NO. 1176 OF 2001
Hazarilal Binda Chauhan ... Applicant
In the matter between :
Indian Link Chain Manufacturers Ltd. ... Petitioner
Versus
The Official Liquidator, High Court, Bombay (Navinon Ltd.) ... Respondent
WITH
COMPANY APPLICATION (L) NO. 106 OF 2019
IN
COMPANY PETITION NO. 1176 OF 2001
Anil Murlidhar Dahiwadkar ... Applicant
In the matter between :
Indian Link Chain Manufacturers Ltd. ... Petitioner
Versus
The Official Liquidator, High Court, Bombay (Navinon Ltd.) ... Respondent
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Mr. K.P. Anilkumar for the Applicant in CA-659-2012.
Mr. S.C. Naidu instructed by Mr. T.R. Yadav for the Applicant in CA-427-2014.
Mr. Suresh Kumar for the Provident Fund Department, Thane.
Mr. Sawant, Deputy Official Liquidator, present.
CORAM : S.J. KATHAWALLA, J.
DATED : 26th JUNE, 2019 (In Chambers) P.C.:
1. Affidavit on behalf of Provident Fund Commissioner dated 25 th June, 2019 is taken on record. As far as Account No.1 (Provident Fund-cum-Withdrawal) is concerned, out of 1215 claims, 1014 claims are settled and 201 claims are yet to be settled. Advocate Mr. Suresh Kumar submits that 124 claims are sent to the Official Liquidator seeking certain corrections. The Official Liquidator shall forward the necessary corrections to the Provident Fund Department within a period of one week from today. As far as balance claims are concerned, the Provident Fund Commissioner shall settle the claims within a period of one week from today. Upon receipt of 124 corrected claims from the Official Liquidator, the Provident Fund Commissioner shall settle the claims within a period of two weeks thereafter.
3. As far as Account No.10 (pension-cum-withdrawal benefit) is concerned, none of the claims out of an aggregate of 1215 claims, have been settled by the Provident Fund Commissioner. The said claims shall be settled by the Provident Fund Commissioner within a period of four weeks from the date of this order. It is clarified that no further time shall be granted to the Official Liquidator and/or to the provident Fund Commissioner.
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4. The Official Liquidator has also filed his Affidavit dated 25 th June, 2019.
Paragraph 10 of the said Affidavit reads as under :-
"10. The details of Notice of Payment received from creditors duly filled and signed and payment made by office of the Official Liquidator is as under.
Sl. Total No. of No. of Notice of Payment Pending of No. of Notice No. Notice of Payment statement Notice of of Payment Payment received from submitted to Payment received yet to be issued to creditors as on Bank for from creditors for received from Creditors 24.06.2019 payment on lack of Creditors 20.06.2019 documents 1 3358 2736 + (7 * 2654 82 # 615 Received on 25.06.2019) * Note : No. of Notice of Payment received from creditors on 25.06.2019 is 7 which will be processed on 27.06.2019.
# As per earlier Report dated 11.06.2019 defective letter issued to 95 creditors, out of which 43 creditors have rectified and resubmitted Notice of Payment to Official Liquidator Office and further Official Liquidator has received 30 Notice of Payment which are found defective and issued defective letter to those 30 Creditors. Hence as on date total 82 defective Notice of Payments are pending for compliance by the creditors."
5. Parties shall take necessary steps to file the notice of payment with the Official Liquidator to enable the Liquidator to make payment of third dividend at the earliest.
6. Stand over to 10th July, 2019, in Chambers.
( S.J.KATHAWALLA, J. ) ::: Uploaded on - 27/06/2019 ::: Downloaded on - 28/06/2019 01:27:41 :::