Gujarat High Court
The Official Liquidator Of Various ... vs Respondent(S) on 2 November, 2015
Author: Vipul M. Pancholi
Bench: Vipul M. Pancholi
O/OLR/127/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
OFFICIAL LIQUDATOR REPORT NO. 127 of 2015
==========================================================
THE OFFICIAL LIQUIDATOR OF VARIOUS COMPANIES IN
LIQUIDATION....Applicant(s)
Versus
......Respondent(s)
==========================================================
Appearance:
MR BHARGAV HASURKAR, ADVOCATE for the Applicant(s) No. 1
OFFICIAL LIQUIDATOR for the Applicant(s) No. 1
==========================================================
CORAM: HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI
Date : 02/11/2015
ORAL ORDER
1. In this report, the Official Liquidator has prayed for the following reliefs:
"10(a) This Hon'ble Court may be pleased to permit the Official Liquidator to pay the total professional bills of Rs.2,01,000/- to advocates for appearing on behalf of this office before the Debt Recovery Tribunal (DRT), Mumbai and Debt Recovery Appellate Tribunal (DRAT), Mumbai from the respective Company's account where the funds are available and in case non availability of funds in a Companies Account, from the Common Pool account as maintained by Office of Official Liquidator.
(b) In view of above prayer, official Page 1 of 4 HC-NIC Page 1 of 4 Created On Tue Nov 03 02:51:19 IST 2015 O/OLR/127/2015 ORDER liquidator further submits that out of total payment of Rs.2,01,000/- as mentioned in para no.9, Rs.29,000/- as mentioned in sr no.1 of para 9 be paid from common pool account and balance amount of Rs.172000 = (2,01,000-29,000) be paid from the respective companies account as name mentioned in sr no.2 to 8 of para 9.
c) xxxxx"
2. Heard learned advocate Mr.Bhargav Hasurkar for the applicant-Official Liquidator. Learned advocate mainly contended that the Official Liquidator has been appointed for the purpose of conducting the process of winding up in connection with 475 companies. There are various matters pending before Debts Recovery Tribunal, Ahmedabad and Debts Recovery Appellate Tribunal, Mumbai for various companies in liquidation. This Court passed an order on 23.2.2015 in O.L.R.No.118 of 2013 whereby this Court appointed five advocates on retainership basis. Prior to the said order, the Official Liquidator appointed Shri Prabir Sharma, Ms Rita Yadav and Shri Debashish Mitra to attend the various pending matters of various companies in liquidation before Debts Recovery Tribunal and Appellate Tribunal, Mumbai. In pursuance to the order dated 23.2.2015, the letter was sent to Shri Prabir Sharma on 28.5.2015 asking him to hand over all the cases and related papers, Page 2 of 4 HC-NIC Page 2 of 4 Created On Tue Nov 03 02:51:19 IST 2015 O/OLR/127/2015 ORDER documents to another advocate of Bombay High Court. He was also informed to send his pending bills to the office of the Official Liquidator for further action. Similar letter was sent to other two advocates to hand over the papers to concerned advocate of Bombay High court. The said letters are annexed with the copy of this report. Learned advocate Mr.Hasurkar referred to the bills raised by the concerned advocates, details of which are given in paragraph 9 of this report and submitted that this Court may permit the Official Liquidator to pay the professional bills of the concerned advocates as per the details given in paragraph 9 of the report.
3. In view of the submissions canvassed on behalf of learned advocate for the Official Liquidator, in view of the averments made in this report as well as the documents annexed with the report, I am of the opinion that the reliefs prayed for in this report are required to be granted. Accordingly, the Official Liquidator is permitted to pay the total professional bills of Rs.2,01,000/- to advocates for appearing on behalf of the Official Liquidator's office before the Debt Recovery Tribunal (DRT), Mumbai and Debt Recovery Appellate Tribunal (DRAT), Mumbai from the respective Company's account where the funds are available and in case non availability of Page 3 of 4 HC-NIC Page 3 of 4 Created On Tue Nov 03 02:51:19 IST 2015 O/OLR/127/2015 ORDER funds in a Companies Account, from the Common Pool account as maintained by Office of Official Liquidator.
4. It is further permitted that out of total payment of Rs.2,01,000/- as mentioned in para no.9, Rs.29,000/- as mentioned in sr no.1 of para 9 be paid from common pool account and balance amount of Rs.172000 = (2,01,000-29,000) be paid from the respective companies account as name mentioned in sr no.2 to 8 of para 9.
With the above observation and direction, this report is disposed off.
(VIPUL M. PANCHOLI, J.) Srilatha Page 4 of 4 HC-NIC Page 4 of 4 Created On Tue Nov 03 02:51:19 IST 2015