ACUMEN TRADING CORPORATION AND ANOTHER v. COMMITTEE OF MANAGEMENT OF BARANAGORE JUTE FACTORY
1994-03-11
M.N.VENKATACHALIAH, S.RATNAVAL PANDIAN
body1994
DigiLaw.ai
ORDER 1. We have heard counsel on both sides. Originally, the learned Company Judge in the High Court directed the "Committee of Management" to deposit sums equivalent to 2 per cent per month calculated on the basis of the extent of unsecured indebtedness of the Company. Subsequently, there was a modification of this order as to the rate of the payment reducing the extent from 2 per cent per month to 1 per cent per month. This was done by the Appellate Bench. The unsecured creditors have come up against this order. The unsecured creditors claim that debts due and owing to them are in the neighbourhood of Rs 3.4 crores, and that it would take a long time for payment if only 1 % per month is paid. 2. In the meanwhile, the Committee of Management has deposited in the Registry of this Court, a sum of Rs 40 lakhs under directions of this Court. The said sums are in term deposits with the bank. 3. On a consideration of the matter, we set aside the order of the Division Bench reducing the amount from 2 per cent per month to 1 per cent per month. The Committee of Management shall from the month of April 1994 onwards, deposit every month a sum of Rs 8 lakhs. Deposits will be made in the High Court. 4. The matter will now go back to the learned Company Judge, Calcutta High Court who will issue necessary directions as to the appropriation and distribution of Rs 40 lakhs now in deposit, amongst the creditors and also as to the distribution of the sum of Rs 8 lakhs to be deposited every month by the Committee of Management. It is made clear that if the Committee• of Management commits default in the matter of these deposits and falls in arrears for any two months, it will be appropriate for the Company Court to replace the Committee of Management by an appropriate alternative mechanism. The amount of Rs 40 lakhs in deposit in this Registry shall be transferred to the account of the Registrar (Original Side), High Court of Calcutta, together with accrued interest immediately after the present deposits mature. . S. A grievance was aired by the petitioners that the Committee of Management is appropriating to itself the funds of the Company towards its alleged claims as unsecured creditor.
. S. A grievance was aired by the petitioners that the Committee of Management is appropriating to itself the funds of the Company towards its alleged claims as unsecured creditor. Shri Santosh Hedge says this is impermissible. It is open to the petitioners to move the Company Judge in this regard. The contention of the Committee of Management on this point is also left open. 6. The interlocutory applications are disposed of accordingly.