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2008 Supreme(All) 2170

SUNIL AMBWANI
PRADESHIYA INDUSTRIAL AND INVESTMENT CORPORATION, U. P. LTD – Appellant
Versus
OFFICIAL LIQUIDATOR – Respondent


Advocates:
Counsel :
B.K.L. Srivastava and Rajnath Shukla for the Official Liquidator; Anurag Khanna
for the PICCUP; Rakesh Ranjan Agarwal, A.K. Gaur and A.N. Tripathi for the Respondent.

JUDGMENT

Hon’ble Sunil Ambwani, J.—This is an appeal under Rule 164 of the Companies Court Rules, 1959 against the report of the Official Liquidator declaring the dividend out of the realised assets of M/s. Meekan Transmission Ltd. (in liquidation) wound-up by this Court on 12.3.2003. The assets were sold for Rs. 73 lacs on 31.3.2006.

2. Pradeshiya Industrial and Investment Corporation, U.P. Ltd. (PICCUP) filed a claim with proof of debts, the account/over due position due on 12.2.2003 at Rs. 3,59,49,699.44 and the ARO Dues amounting to Rs. 1,19,324.98.

3. The Official Liquidator has accepted the report of the Liquidation Claims Committee, constituted by the Court, and has found that there are six workmen for which the admitted claim is Rs. 1,75,924/-; and four secured creditors who have claimed Rs. 13,79,31,058/- including PICCUP for which the admitted claim is Rs. 6,16,86,160. The employees, Government dues and unsecured creditors do not qualify for any amount as nothing will be left after declaring the pari-passu dividend for the workmen and secured creditors.

4. The Official Liquidator declared the dividend with the share of workmen at 28% out of available amount and the share of s













































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