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2022 Supreme(Guj) 1632

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Bhargav D. Karia, J.
OL Of M/s. Gujarat Rodrel Engg. Products Ltd. (IN LIQN) - Appellant
Vs.
President, Gujarat Labour Federation - Respondent
Official Liqudator Report No. 102 of 2020
In
Official Liqudator Report No. 1 of 2017
In
Company Petition No. 167 of 2003
Decided On : 25-11-2022

Advocates:
Advocate Appeared:
For the Appellant : Bhoomi M Thakore
For the Respondent: Mr Dipak R Dave, Mr. K T Khatri, Mr. Rajesh P Mankad

Headnote:

Companies Act, 1956 – Section 530 – Companies (Court) Rules, 1959 – Rule 179 –Claims of Workmen – Order of Liquidation – Claim of Bank – Learned advocate Ms. Bhoomi Thakore for applicant and learned advocate for learned advocate for respondent Official Liquidator by this report has prayed – Held, Official Liquidator is directed to disburse amount to creditors as per report of Chartered Accountant within four weeks from today on receipt of usual undertaking to be furnished before Official Liquidator by respective creditors – Calculations made by Chartered Accountant is in accordance with framed no interference is called for in said calculation made by Chartered Accountant – Official Liquidator Report is accordingly disposed of.

ORDER :

1. Heard learned advocate Ms. Bhoomi Thakore for the applicant and learned advocate Ms.Mohini Bhavsar for learned advocate Mr. K.T. Khatri for respondent no.3.

2. The Official Liquidator by this report has prayed for the following reliefs :

“(A) This Hon'ble Court may be pleased to permit the Official to disburse an amount 13,10,421/- as worked out by M/s. P. C. Rathod & Co., Chartered Accountants to 66 workmen represented by Gujarat Labour Federation out of the available fund with the Official Liquidator in Company's A/c through RTGS /NEFT mode directly in the A/c. of the concerned workmen of the company in liquidation.

(B) This Hon'ble Court may be pleased to permit the Official Liquidator to encash premature FDR for disbursing amount to ex-workmen of the company in liquidation.

(C) This Hon'ble Court may be pleased to permit the Official Liquidator to avail service of empaneled Chartered Accountants for verification of claim forms submitted by workmen of the company in liquidation as the Official Liquidator make payment to the concerned workmen on the basis of verification report submitted by the Chartered Accountants, and as per list provided by the concerned worker's union as well claim forms submitted by concerned workers/workers' union.

(D) This Hon'ble Court may be pleased to direct Gujarat Labour Federation, authorized representative of workmen to prepare Master Payment Register as per usual practice and supply duly attested copy of the same to the Office of the Official Liquidator so as to enable the Official Liquidator to process the dully filled up claim forms with the help of Chartered Accountants and after verification same may be forwarded to the Bank to make the payment in the account of concerned workmen through RTGS/NEFT mode only.

(E) This Hon'ble Court may be pleased to direct Gujarat Engineering & General Kamdar Union immediately lodge claim of 03 workmen of their union so as to enable the Official Liquidator to verify and adjudicate their claim and after adjudication release their payment at par along-with workmen represented by Gujarat Labour Federation.

(F) This report is submitted for such other and further orders and directions as may be considered appropriate by this Hon'ble Court may also be passed.”

3. This Court by order dated 30.04.2018 passed in Official Liquidator Report No. 1/2017 has permitted the Official Liquidator to invite the claim under section 530 of the Companies Act, 1956 (For short “the Act”) by publishing the advertisement in the newspapers. In compliance of the said order, the Official Liquidator published the advertisement in newspaper on 18.05.2018.

4. The Official Liquidator by letter dated 24.05.2018 invited the claims from secured creditors as well as Union of workers.

5. Gujarat Engineering & General Kamdar Union by letter dated 9.07.2018 raised grievances regarding three claims of the workmen of their Union under section 529A of the Act. The Official Liquidator by letter dated 26.07.2018 informed the Union that the claim of the workmen has already been finalised and the same are paid pursuant to the order passed by this Court on 23.12.2014 in OLR No.89/2014.

6. M/s. P.C. Rathod & Co., Chartered Accountants vide letter dated 18.12.2019 forwarded claim verification report of workmen and IDBI Bank Ltd. as under :

(A) WORKMEN

Sr. No.

Particulars

Preferential Claims (Rs.)

Unsecured Claims (Rs.)

Total Claims

1.

Interest Due

13,10,421/-

12,03,645/-

25,34,066/-

2.

Notice Pay, Bonus, Special Allowance

--

6,24,514/-

6,24,514/-

 

 

13,10,421/-

18,28,159/-

31,58,580/-

(B) IDBI BANK LTD

Sr. No.

Particulars

Preferential Claims (Rs.)

Unsecured Claims (Rs.)

Total Claims

1.

Lease Rentals

0

4,42,08,761/ -

4,42,08,761/ -

 

 

0

1,08,58,419/ -

1,08,58,419/ -

 

 

0

5,50,67,180/ -

5,50,67,180/ -

7. The Of

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