Gujarat High Court
Official Liquidator Of M/S Maccas ... vs Asst. Provident Fund Commissioner on 21 June, 2017
Author: R.M.Chhaya
Bench: R.M.Chhaya
O/OLR/32/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
OFFICIAL LIQUDATOR REPORT NO. 32 of 2017
In COMPANY PETITION NO. 42 of 1986
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OFFICIAL LIQUIDATOR OF M/S MACCAS GENERAL FOODS PVT. LTD
IN LIQN.....Applicant(s)
Versus
ASST. PROVIDENT FUND COMMISSIONER....Respondent(s)
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Appearance:
MR GAURANG H BHATT, ADVOCATE for the Applicant(s) No. 1
OFFICIAL LIQUIDATOR for the Applicant(s) No. 1
MR PM LAKHANI, ADVOCATE for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE R.M.CHHAYA
Date : 21/06/2017
ORAL ORDER
1. Heard Mr.Gaurang Bhatt, learned advocate for the applicant and Mr. PM Lakhani, learned advocate for respondent.
2. The OL has prayed for permission to make payment of Rs.72,235/ to Employees Provident Fund Organization as prayed for in para 7(A).
3. Having heard the learned counsel appearing for the parties and on perusal of the record of this application, it appears that the Company named M/s. Maccas General Foods Pvt. Ltd. was ordered to be wound up by this Court vide order dated 07.12.1990 passed in Company Petition No.42/86 and the Official Liquidator attached with this Court came to be appointed as liquidator of the Company under Page 1 of 3 HC-NIC Page 1 of 3 Created On Wed Jun 21 23:50:54 IST 2017 O/OLR/32/2017 ORDER liquidation. The record indicates that after the said order, the Official Liquidator took possession of the assets of the Company under liquidation. By an order dated 03.03.1999 passed by this Court in OLR No.283/98, the Sale Committee came to be constituted for disposal of the assets of the Company under liquidation. The record indicates that accordingly, after following due procedure for sale of assets of the Company, OLR No.106/07 was filed for confirmation of sale of 1720 Sq. Mtrs. of land being Plot No.207/208/2, GIDC, Naroda Industrial Area, Naroda, Ahmedabad and Factory Building Structure (except records) in favour of M/s. Maitry Foundation for sale consideration of Rs.61,00,000/ as per the terms and conditions of the sale. That sale of 1720 Sq. Mtrs. of land being Plot No.207/208/2, GIDC, Naroda Industrial Area, Naroda, Ahmedabad and Factory Building Structure (except records) in favour of M/s. Maitry Foundation for sale consideration of Rs.61,00,000/ was confirmed by this Court vide order dated 04.02.2008 passed in OLR No.106/07.
4. It appears that the respondent authority addressed a letter to the office of the Official Liquidator on 27.01.2016 informing the Official Liquidator that an amount of Rs.72,235/ is the dues and requested the Official Liquidator to release the outstanding dues. In light of the aforesaid communication, the present report is filed by the Official Liquidator.
5. It is contended that as per the judgment of the Apex Page 2 of 3 HC-NIC Page 2 of 3 Created On Wed Jun 21 23:50:54 IST 2017 O/OLR/32/2017 ORDER Court in Civil Appeal No.9630/11, the dues of the Employees Provident Fund Organisation is priority over all other dues and hence, the Official Liquidator should be permitted to make payment of Rs.72,235/ as prayed for to the respondent authority. The Official Liquidator has also averred that there is a fund of Rs.22,00,000/ with the Official Liquidator as on 31.01.2017.
6. Having heard the learned counsel appearing for the parties and on perusal of the record, the summons deserves to be accepted as prayed for. The Official Liquidator is permitted to make payment of Rs.72,235/ to the Employees Provident Fund Organisation from the funds of the Company under liquidation. Such exercise shall be done as expeditiously as possible preferably within a period of two weeks from the date of the receipt of this order.
7. The application is allowed and disposed of in the aforesaid terms.
(R.M.CHHAYA, J.) bjoy Page 3 of 3 HC-NIC Page 3 of 3 Created On Wed Jun 21 23:50:54 IST 2017