Gujarat High Court
Gujarat Industrial Investment ... vs Official Liquidator Of Global Arya ... on 30 March, 2015
Author: S.R.Brahmbhatt
Bench: S.R.Brahmbhatt
O/COMA/244/2013 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
COMPANY APPLICATION NO. 244 of 2013
In
COMPANY PETITION NO. 106 of 2002
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GUJARAT INDUSTRIAL INVESTMENT CORPORATION LTD.....Applicant
Versus
OFFICIAL LIQUIDATOR OF GLOBAL ARYA INDUSTRIES
LTD....Respondent
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Appearance:
MR RD DAVE, ADVOCATE for the Applicant
MR JS YADAV, ADVOCATE for the Respondent
OFFICIAL LIQUIDATOR for the Respondent
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CORAM: HONOURABLE MR.JUSTICE S.R.BRAHMBHATT
Date : 30/03/2015
ORAL ORDER
1. Heard learned advocate for the parties. The applicant - sole secured creditor, in respect of the company in liquidation i.e. Global Arya Industries Ltd., has approached this Court and takenout this Judges Summons and filed affidavit in support thereof.
2. The Official Liquidator has filed reports and the reports indicated that the Official Liquidator's query qua sizable difference in the amount to be stated as an outstanding amount in the statement of affair disclosed by the responsible officer of the company, is only about Rs.1,69,21,744/, whereas, the secured creditor claimant and present applicant has demonstrated by way of evidences before the Chartered Accountant concerned that the claim amount is about Rs.11,16,37,734/. In view thereof, it was urged on behalf of the Official Liquidator's office that let this undisputed amount be disbursed on adhoc basis and the Page 1 of 2 O/COMA/244/2013 ORDER applicant be calledupon to provide all documentary evidence and the calculation in respect of his claim and on basis whereof the Chartered Accountant may reflect as to what amount is admissible to the claimant.
3. The facts as narrated in this application indicates that prima facie there appears to be justification on the contention raised on behalf of the claimant that once there is a clearance from the Chartered Accountant, there cannot be any further requirement of probing at the end of Official Liquidator. The Court is inclined to order adhoc disbursement of Rs.1,16,37,734/ to the claimant at this stage, which interalia would governed by the final order that would be passed in this application and the applicant shall produce the documents, which were made basis for claiming and justifying the claim. The concerned Chartered Accountant of the Official Liquidator, who shall reflect upon it on the next date of hearing. The matter is fixed on 23rd April 2015. The official Liquidator is directed to pay amount of Rs.1,16,37,734/ on ad hoc basis.
(S.R.BRAHMBHATT, J.) Rathod...
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