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1999 DIGILAW 1384 (SC)

Delhi Development Authority v. Skipper Construction

1999-11-03

J.JAGANNADHA RAO, UMESH C.BANERJEE

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Judgement : (1) COPIES of Commission Reports : A copy of the Saharaya Commission Report will be given to the learned counsel appearing for the Delhi Development Authority. A copy of the justice Chinnappa Reddy Commission report with regard to the role of D.D.A.'s officers will be furnished to the learned Amicus Curiae, learned counsel appearing for the Punjab National Bank and Canara Bank and to the counsel appearing for Mr. Suneja. (2) NOTICE to Police Officers : An order was passed yesterday granting liberty to Mr. Prabjot Singh to implead the Police Officers against whom certain allegations were levelled in the affidavit filed yesterday. Today an application is presented before us for impleadment of the various police officers against whom allegations were made. This application is taken on board. (3) NOTICES be issued to the police officers and the latter be also at liberty to file their response to the affidavit filed by Mr, Prabjot Singh yesterday. Copies of the said affidavit shall also be sent alongwith the notice. (4) WINDING up proceedings of Skipper Builders (Pvt) Ltd. : During the course of the hearing of the matter today, our attention was invited to an order passed by the Delhi High court on 2.9.97 in CP. No. 28/93 and CA. Nos. 1137- 1137A of 1994. These applications arose under S. 433, 434 and 439 of the Companies Act. The winding up application appears to have been filed by a person who claims to be incharge of the security at two sites of the Company. According to him a sum or Rs. 1,14,824.15 is due to him from the company and the said amount has not been paid. (5) THE learned Company judge, Delhi High court, after hearing counsel appearing for the said petitioner in the winding up application and also counsel for the Skipper Builders Pvt. Ltd., admitted the winding up application and directed citation to be issued in Newspapers for 14.1.98. The learned judge appointed a Provisional Liquidator but observed that having regard to the decision of this court in DDA vs. Skipper Construction Company Pvt. Ltd. & Anr. reported in JT 1996 (4 SC 679, the Provisional Liquidator would not take over the custody and possession of the assets of the company. The learned judge appointed a Provisional Liquidator but observed that having regard to the decision of this court in DDA vs. Skipper Construction Company Pvt. Ltd. & Anr. reported in JT 1996 (4 SC 679, the Provisional Liquidator would not take over the custody and possession of the assets of the company. The Provisional Liquidator was directed to ascertain the nature and position of the assets, properties and Books of Account of the Company and submit a report to the Delhi High court. (6) WE do not have details of the subsequent developments in the matter. We hereby direct that a report be filed in this court by the said Provisional Liquidator detailing the subsequent events and also referring to the subsequent steps, if any, taken by the Provisional Liquidator. The report will be filed within three weeks. (7) A copy of this order will be communicated to the Provisional Liquidator by the Registry of this court.