Assistant Provident Fund Commissioner ... vs Officiali Liquidator on 30 November, 2021

[Cites 2, Cited by 1]

Gujarat High Court

Assistant Provident Fund Commissioner ... vs Officiali Liquidator on 30 November, 2021

Bench: Bhargav D. Karia

    C/COMA/27/2021                                      ORDER DATED: 30/11/2021




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


                R/COMPANY APPLICATION NO. 27 of 2021
                                 In
                  R/COMPANY PETITION NO. 359 of 1999

==========================================================
    ASSISTANT PROVIDENT FUND COMMISSIONER (RECOVERY)
         EMPLOYEES PROVIDENT FUND ORGANIZATION
                          Versus
                   OFFICIALI LIQUIDATOR
==========================================================
Appearance:
MR NK MAJMUDAR(430) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR SAURABH M PATEL(5019) for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA

                            Date : 30/11/2021
                             ORAL ORDER

1.Heard learned advocates Learned advocates Mr. Bhuvanesh Gehlot and Maulik Soni with learned advocate Mr. N.K.Majmudar for the applicant and learned advocate Mr. Aaftab Ansari for the Official Liquidator.

2.Learned advocates Mr. Bhuvanesh Gehlot submitted that inadvertently on the last date of hearing, the facts were not narrated correctly and therefore, the order dated 22.11.2021 was passed by this Court permitting the advocate for the applicant to file a draft amendment. However, the same is not necessary. It was submitted that respondent No.2-Madhusudan Prints (Pvt) Ltd Page 1 of 5 Downloaded on : Wed Jan 12 05:44:04 IST 2022 C/COMA/27/2021 ORDER DATED: 30/11/2021 is the company who has purchased the assets of the Company [In Liquidation] M/s. Anjana Dyeing & Printing Mills (Private) Limited.

3.In such circumstances, the respondent No. 2

is also not required to be deleted.

4.It was submitted that the applicant-Assistant Provident Fund Commissioner (Recovery) Employees Provident Fund Organization has filed this application for recovery of an amount of Rs. 5,29,696/- being statutory liability of M/s. Anajana Dyeing & Printing Mills (Private) Limited [In Liquidation] under the provisions of section 7A of the Employees Provident Fund and Miscellaneous Provisions Act, 1952.

5.Learned advocate Mr. Aftab Ansari appearing for the Official Liquidator invited attention of the Court to the Official Liquidator Report wherein it is submitted that the Official Liquidator be permitted to make the payment of Rs. 5,29,696/- to the applicant pursuant to the terms of the order dated 08.11.2011 passed by the Supreme Court in Civil APpeal No. 9630 of 2011 arising out of Special Leave Petition (Civil) No. 7642 of 2011.

Page 2 of 5 Downloaded on : Wed Jan 12 05:44:04 IST 2022

C/COMA/27/2021 ORDER DATED: 30/11/2021

6.Learned advocate Mr. Ansari also relied upon the following averments made in the Official Liquidator Report:

"5. The applicant authorities also sent and served the communication dated 02/11/2006 addressed to the Official Liquidator to remit/to deposit the amount of Rs. 5,29,626/- being the provident fund dues of M/s. Anjana Dyeing & Printing Mills (Private) Limited. Hereto marked and annexed as "Annexure D is a copy of the communication dated 02/11/2006.

6. The applicant states that the present opponent No.2 submitted its bid for purchase of assets of M/s. Anjana Dyeing and Printing Mills (Private) Limited and the bid came to be accepted an the Hon'ble High Court (Anjaria) was pleased to pass an order dated 27/11/2014 in Official Liquidator No. 65/2014 in Company Petition No. 359 of 1999 and the permission to execute the conveyance deed came to be granted. Hereto marked and annexed as "Annexure E" is a copy of order dated 27/11/2014 in Official liquidator No. 65/2014 in Company Petition No. 359 of 1999 by which the permission to execute the conveyance deed came to be granted.

7. The applicant states that the applicant authorities were required to be paid the amount of statutory dues of M/s. Anjana Dyeing and Printing Mills (Private) Limited, through the sale proceeds of the assets of M/s. Anjana Dyeing & Printing Mills (Private) Page 3 of 5 Downloaded on : Wed Jan 12 05:44:04 IST 2022 C/COMA/27/2021 ORDER DATED: 30/11/2021 Limited and the payment of the statutory dues ought to have been made by the concerned Official Liquidator as the concerned Official Liquidator was already requested to remit/ to pay the amount of statutory dues of M/s. Anjana Dyeing & printing Mills (Private) Limited. It is submitted that as stated herein above, in the year 2005 as well ass in the year 2006, the communications were already sent to the Official Liquidator in this regard. The applicant was also constrained to sent letter dated 05.02.2009 to the Official Liquidator requesting the Official Liquidator to remit the statutory dues."

7.Considering the above, the Official Liquidator is permitted to disburse and make the payment of Rs. 5,29,696/- to the Employees Provident Fund Organization within a period of two weeks from today on receipt of the bank details to be furnished by the applicant before the Official Liquidator within one week from today. The Official Liquidator is also directed to invite claims of preferential and unsecured creditors of the Company [In Liquidation] under section 530 of the Companies Act, 1956 read with Rule 148 of the Companies [Court] Rules,1959.

8.With the aforesaid directions, this application is allowed.

Page 4 of 5 Downloaded on : Wed Jan 12 05:44:04 IST 2022

C/COMA/27/2021 ORDER DATED: 30/11/2021 (BHARGAV D. KARIA, J) JYOTI V. JANI Page 5 of 5 Downloaded on : Wed Jan 12 05:44:04 IST 2022

Unlock Advanced Research with PRISMAI

Gujarat High Court