Bombay High Court
Shivparvati Tenant'S Welfare ... vs Orbit Corpporation Ltd Through ... on 15 July, 2024
Author: Abhay Ahuja
Bench: Abhay Ahuja
912-CA-72-2019+.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
COMPANY APPLICATION NO. 72 OF 2019
Shivparvati Tenants Welfare Association ...Plaintiff
V/s.
Orbit Corporation Ltd
through Official Liquidator (Resp) and
LIC Housing Finance Ltd ...Defendants
WITH
COMPANY APPLICATION NO. 416 OF 2018
IN
COMPANY PETITION NO. 593 OF 2015
Zulfiqar A Jariwala & Ors ...Plaintiffs
V/s.
Orbit Corporation Ltd
through Official Liquidator (Resp) and
LIC Housing Finance Ltd ...Defendants
WITH
COMPANY APPLICATION NO. 730 OF 2018
IN
COMPANY PETITION NO. 593 OF 2015
Vinod Gada & Ors. ...Plaintiffs
V/s.
Orbit Corporation Ltd
through Official Liquidator (Resp) and
LIC Housing Finance Ltd ...Defendants
Mr. Jasbir Saluja, Advocate for the Applicant in CA/72/2019.
Mr. Cyrus Ardeshir, a/w. Ziyad Madon, Ravi Gandhi, Rashmin Jain,
Prathamesh Jadhav, i/b. Kanga & Co, Advocate for the Respondent
No.2.
Mr. Jayesh Gawade, Advocate for the Respondent No.4 and for the
Ganesh Lokhande 1/3
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912-CA-72-2019+.doc
Applicant in CA/415/2018.
Mr. Shanay Shah, Advocate for the Official Liquidator.
Mr. Chandan Kumar, Assistant Official Liquidator, present in Court.
Mr. Aseem Naphade, i/b. Akash Acharya, Advocate for Additional
Respondent (LIC).
Mrs. Pooja Yadav for MCGM.
CORAM : ABHAY AHUJA, J.
DATE : 15th JULY, 2024 P.C. :
1. Today when the matter is called out, Mr. Naphade, learned counsel appearing for the LIC Housing Finance Ltd viz., the Additional Respondent No.1 submits that on the draft Minutes of the Order, the Developer viz., Additional Respondent No.2 have made their suggestions and LIC Housing Finance Ltd, should not have difficulty in considering the same.
2. Mr. Shah, learned counsel appearing for Official Liquidator submits that there is a purported claim of persons claiming to be workmen of the company in liquidation amounting to Rs.5.69 Crores which would need to be adjudicated as any claim of the workmen is to be considered pari passu with the secured creditors.
3. Mr. Naphade, learned counsel appearing for the Additional Respondent No.1 expresses concern submitting that therefore in addition to the claim of LIC Housing Finance Ltd, there would be an additional claim of the workmen which would either have to be paid by Ganesh Lokhande 2/3 ::: Uploaded on - 15/07/2024 ::: Downloaded on - 17/07/2024 06:19:50 ::: 912-CA-72-2019+.doc the Additional Respondent No.2, the Developer or borne by the Additional Respondent No.1, and that the same would be of concern to the LIC Housing Finance Ltd.
4. Mr. Ardeshir, learned counsel for Additional Respondent No.2, who is the developer clarifies that the pari passu charge in favour of the workmen would have to come from the amount to be paid by the developer to LIC Housing Finance Ltd.
5. Be that as it may, there is no doubt that the claim of workmen, if any, would be pari passu, with the secured creditors which is statedly the LIC Housing Finance Ltd. Accordingly, this Court directs the Official Liquidator to adjudicate the claims with respect to the workmen as soon as possible. Mr. Shah submits, on instructions, that the said claims would be adjudicated within a period of three weeks. Let the said claims be adjudicated by 5 th August 2024. Let an appropriate Affidavit in this regard also be filed by the next date with copies to others.
6. List the matter on 12 th August 2024 on supplementary board. In the meanwhile let the draft of the Minutes of Order be finalised.
Digitally signed by GANESH GANESH SUBHASH SUBHASH LOKHANDE (ABHAY AHUJA, J.) LOKHANDE Date:
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