Gujarat High Court
Minati Devdas Bhowmik Wd/O Bhowmik ... vs Official Liquidator (Liquidator Of M/S ... on 27 October, 2023
NEUTRAL CITATION
C/COMA/49/2023 ORDER DATED: 27/10/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/COMPANY APPLICATION NO. 49 of 2023
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MINATI DEVDAS BHOWMIK WD/O BHOWMIK DEVDAS SHASHIBHUSHAN
Versus
OFFICIAL LIQUIDATOR (LIQUIDATOR OF M/S NEW GUJARAT
SYNTHETICS LTD. NO. 2)
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Appearance:
AAKASH D MODI(7449) for the Applicant(s) No. 1
for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIRAL R. MEHTA
Date : 27/10/2023
ORAL ORDER
1. The present Company Application is filed seeking following reliefs :
"A. Your Lordships may kindly be pleased to direct the respondent Official Liquidator to consider the claim of the present applicant and further be pleased to direct the respondent Official Liquidator to verify the claim of the present applicant through Chartered Accountant.
B. Your Lordships may kindly be pleased to direct the respondent Official Liquidator to pay the legal dues to the present applicant as verified by the Chartered Accountant at par with the other workers / employees of the company in liquidation, as per the provisions of the Companies Act, 1956.
C. Your Lordships may kindly be pleased to pass such Page 1 of 3 Downloaded on : Thu Nov 02 20:34:50 IST 2023 NEUTRAL CITATION C/COMA/49/2023 ORDER DATED: 27/10/2023 undefined other and further order/s as deemed fit, just and proper in the interest of justice."
2. The Coordinate Bench of this Court vide its interim order dated 11.8.2023 has issued following directions :
"4. Considering the submissions made by the learned advocates, at this stage, the following directions are passed:-
(i) The applicant to forthwith submit her account details to the Official Liquidator and whereas, the applicant may also complete the required formalities as per the law. The said formalities shall be completed within a period by the 24.08.2023. Upon said formalities being completed, the Official Liquidator is directed to forthwith to disburse the amount of Rs.3,15,385/- in favour of the present applicant.
(ii) After the said amount is disbursed, the Official Liquidator is directed to have the claim of the applicant verified through the penal of the Chartered Accountant.
(iii) Considering the advanced age of the applicant, the Official Liquidator is directed to ensure that an appropriate report is received from the Chartered Accountant within a period of 15 days, from the date, the Chartered Accountant is directed to do so."
3. Pursuant to the direction issued in Para.4(ii), the Official Liquidator has got the claim verified from panel Chartered Accountant. M/s.Amal Datt & Associates LLP, Chartered Page 2 of 3 Downloaded on : Thu Nov 02 20:34:50 IST 2023 NEUTRAL CITATION C/COMA/49/2023 ORDER DATED: 27/10/2023 undefined Accountant, after having verified the documents, assessed the outstanding balance of Rs.64,848/-. The said report and the calculation is provided to the learned advocate for the applicant.
4. Learned advocate Mr.Aakash Modi, on instructions, submitted that applicants are satisfied with the calculation and report of the Chartered Accountant.
5. In that view, the present application stands disposed of with further direction to the Official Liquidator to forthwith disburse the amount of Rs.64,848/- in favour of the present applicants in the same manner in which earlier an amount of Rs.3,15,385/- is disbursed.
(NIRAL R. MEHTA,J) V.J. SATWARA Page 3 of 3 Downloaded on : Thu Nov 02 20:34:50 IST 2023