Gujarat High Court
Royal Security Services Through ... vs Official Liquidator, High Court Of ... on 11 October, 2021
Author: Bhargav D. Karia
Bench: Bhargav D. Karia
C/COMA/23/2021 ORDER DATED: 11/10/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/COMPANY APPLICATION NO. 23 of 2021
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ROYAL SECURITY SERVICES THROUGH JAIPRAKASH BHAGMAL SINGH
CHOUDHARY
Versus
OFFICIAL LIQUIDATOR, HIGH COURT OF GUJARAT
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Appearance:
MR PRABHAKAR UPADYAY(1060) for the Applicant(s) No. 1
MR PATHIK M ACHARYA(3520) for the Respondent(s) No. 1
OFFICIAL LIQUIDATOR(16) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA
Date : 11/10/2021
ORAL ORDER
Heard learned advocate Mr.Prabhakar Upadhyay for the applicant and learned advocate Mr.Pathik Acharya for the respondent.
2. By this application the applicant - Royal Security Services has prayed as under :
"(A) YOUR LORDSHIPS may be pleased to direct the present respondent to transfer all the Work Orders existing as on today in the name of National Security Force issued by the present respondent, in favour of the present applicant namely Royal Security Services on the same terms and conditions and the rates agreed by the National Security Force.
(B) Pending hearing and final disposal of the petition, YOUR LORDSHIPS may kindly be pleased to direct the present respondent not to discontinue the service of the National Security Force which are continued in pursuance to the Work order issued by the present respondent in the Company (in Page 1 of 5 Downloaded on : Sun Jan 16 23:09:34 IST 2022 C/COMA/23/2021 ORDER DATED: 11/10/2021 liquidation).
(C) YOUR LORDSHIPS may kindly be pleased to pass such other and further order/s as deemed fit, just and proper in the interest of justice."
3. Pursuant to the notice issued by this Court, the Official Liquidator has filed the report.
3.1 As per the report made by the Official Liquidator, the applicant - Royal Security Services is in the waiting list prepared by the Official Liquidator pursuant to the order passed by this Court (Coram: Hon'ble Mr.Justice C.L. Soni) on 20th February, 2019 in Official Liquidator Report No.114 of 2014 in Official Liquidator Report No.76 of 2018.
4. Learned advocate Mr.Acharya appearing for the Official Liquidator submitted that in compliance of the order dated 31st January, 2011 passed in Official Liquidator Report No.3 of 2011, this Court constituted a Committee for empanelment of security agencies for the office of the Official Liquidator. In compliance thereof, total 10 security agencies were appointed by the Office of the Official Liquidator including M/s. National Security Force for safeguarding the assets and properties of the companies in liquidation.
4.1 It was further submitted out of the 10 empanelled security agencies, 4 security agencies did not accept the assignment and hence, the Page 2 of 5 Downloaded on : Sun Jan 16 23:09:34 IST 2022 C/COMA/23/2021 ORDER DATED: 11/10/2021 Official Liquidator filed a report being Official Liquidator Report No.78 of 2018 to invite the applications from the security agencies to fill- up 4 vacant places by giving advertisement. Accordingly, this Court by order dated 27th July, 2018 passed in Official Liquidator Report No.76 of 2018 was pleased to permit the Official Liquidator to invite the applications from the interested security agencies to fill-up 4 vacant places of the security agencies through advertisement.
4.2 Learned advocate Mr.Acharya further submitted that following due procedure as well as on the basis of the recommendation of the Selection Committee,, the Official Liquidator filed a report being Official Liquidator Report no.114 of 2018 before this Court to approve the list of security agencies for empanelment for the Office of the Official Liquidator as per the marks assigned and recommended by the Selection Committee.
4.3 In such circumstances, this Court by order dated 20th February, 2019 passed in Official Liquidator Report No.114 of 2018, reconstituted the panel of security agencies by accepting the recommendation of Selection Committee. This Court kept 4 security agencies in the waiting list for the purpose of their appointment as and when exigency arise in the Office of the Official Page 3 of 5 Downloaded on : Sun Jan 16 23:09:34 IST 2022 C/COMA/23/2021 ORDER DATED: 11/10/2021 Liquidator.
4.4 Learned advocate Mr.Acharya submitted that the name of applicant namely, M/s. Royal Security Services is in the waiting list.
4.5 It was further submitted that in the month of July, 2021 it was learnt by the Office of the Official Liquidator that Mr.B.M. Chaudhary proprietor of M/s. National Security Force passed away and therefore, vide letter dated 29th July, 2021, the Official Liquidator directed M/s. National Security Force to properly safeguard the assets and properties of the company in liquidation and also to clarify that who is in charge of the proprietorship firm.
4.6 In response to the letter dated 29th July, 2021, reply was received by the Office of the Official Liquidator from M/s. National Security force duly signed by Mr.J.P. Chaudhary, who is also proprietor of M/s. Royal Security Services, that for the time being the applicant is looking after the business of M/s. National Security Force and also assured that the personnel of the applicant would properly safeguard the assets and properties of the company in liquidation.
5. The Official Liquidator has therefore, requested to transfer the orders which are given Page 4 of 5 Downloaded on : Sun Jan 16 23:09:34 IST 2022 C/COMA/23/2021 ORDER DATED: 11/10/2021 to the M/s. National Security Force in the name of the applicant as the applicant is also doping the same business of providing security services and is also in the waiting list of the penal approved by this Court.
6. In view of the aforesaid facts and circumstances, this application is allowed. The Official Liquidator is directed to transfer all the Work Orders existing as on today in the name of M/s. National Security Force in favour of the applicant M/s. Royal Security Services on same terms and conditions and the rates agreed by the M/s. National Security Force. The application is accordingly disposed of.
(BHARGAV D. KARIA, J) dolly Page 5 of 5 Downloaded on : Sun Jan 16 23:09:34 IST 2022