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Delhi High Court - Orders

Societe Generale vs Daewoo Motors India Ltd on 8 February, 2024

Author: Dharmesh Sharma

Bench: Dharmesh Sharma

                             $~C12
                             *         IN THE HIGH COURT OF DELHI AT NEW DELHI
                             +         CO.PET. 66/2003

                                       SOCIETE GENERALE                                                           ..... Petitioner
                                                                            Through:

                                                                            versus

                                       DAEWOO MOTORS INDIA LTD.                                                            ..... Respondent
                                                                            Through:                 Ms. Ruchi Sindhwani, Sr.
                                                                                                     Standing Counsel with Ms.
                                                                                                     Megha Bharara, SC for OL.
                                                                                                     Mr. Ajay Kumar Bhatnagar,
                                                                                                     Advocate for applicant in CA
                                                                                                     No. 14/2021, CA No. 770/2023,
                                                                                                     CA No. 771/2023, CA No.
                                                                                                     772/2023, CA No. 987/2023
                                                                                                     Mr. Abhishek Sharma, Ms.
                                                                                                     Kritya Sinha & Mr. Pranshul
                                                                                                     Kulshreshtha, Advs. for R-5.
                                                                                                     Mr. Fidel Sebastian, Adv. for
                                                                                                     Welfar Forum

                                       CORAM:
                                       HON'BLE MR. JUSTICE DHARMESH SHARMA
                                                                            ORDER

% 08.02.2024 CO.APPL. 773/2023 - EXMP.

1. Allowed, subject to all just exceptions.

2. The application stands disposed of.

CO.APPL. 142/2019, CO.APPL. 14/2021, CO.APPL. 38/2022, CO.APPL. 302/2022, CO.APPL. 264/2023, CO.APPL. 601/2023, CO.APPL. 770/2023, CO.APPL. 771/2023, CO.APPL. 772/2023, CO.APPL. 826/2023, CO.APPL. 987/2023 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/02/2024 at 22:49:32

3. These applications are coming up for hearing on behalf of applicants/workmen. The record reflects that the Official Liquidator was appointed vide order dated 24.04.2003 and the respondent company (in liquidation) has been ordered to be wound up vide order dated 28.07.2004 of this Court.

4. Learned Senior Standing Counsel has referred to the final report submitted by the Committee considered by this Court dated 10.07.2018 pursuant to which certain disbursement have been made towards the claims, lodged by as many as 1306 workmen out of total workmen being 1328 identified by the Committee.

5. CO. APPL. 826/2023 & CO. APPL. 987/2023 are fresh applications. Learned Senior Standing Counsel for the Official Liquidator requests time to file their responses. Let responses be filed within four weeks from today. All these application by the respective workmen shall now come up for final hearing on 02.05.2024.

6. At the stage, Mr. Fidel Sebastian, learned counsel for the applicant in IA No. 1275/2018 as well as 302/2022 has drawn the attention of this Court to the order dated 06.07.2023, whereby the Official Liquidator was directed to submit a report with regard to the direction on re-examination of their claims by the Committee and it was directed that a fresh report be filed within a month thereof. The said has not been done by the OL.

7. Learned Senior Standing Counsel for the Official Liquidator requests time to seek instruction on the said aspect as well.

8. Let report be filed on or before the next date of hearing, failing which this Court shall proceed to hear arguments on the said application and shall decide the same as per the law.

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/02/2024 at 22:49:32

9. Re-notify on 02.05.2024.

DHARMESH SHARMA, J FEBRUARY 8, 2024/sa This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/02/2024 at 22:49:32