Research › Search › Judgment

Allahabad High Court · body

2016 DIGILAW 180 (ALL)

Coates of India Ltd. v. Mitra Prakash Ltd.

2016-01-13

PANKAJ MITHAL

body2016
JUDGMENT Pankaj Mithal, J. One of the Ex. Director of the company (in liquidation) Deepak Mitra has preferred this application under Section 460 (6) of the Companies Act, 1956 against the decision of the Official Liquidator in settling the claims of the Regional Provident Fund Commissioner, Allahabad and 189 workers as per Report No. Judicial/169 of 2015 dated 05.10.2015. 2. The Court, vide order dated 05.10.2015, has permitted the Official Liquidator to communicate to the creditors about the settlement of their dues and for payment thereof in accordance with Rule 163 of the Companies (Court) Rules, 1959, but till date no payment has been made. 3. The grievance of the applicant is that the claims have wrongly been settled in respect of some of the workers and they have been allowed excess amount. 4. The applicant has not impleaded those workers in this application. 5. Let those workers whose claims have been allegedly allowed in excess, be impleaded as the respondents so that they may also be heard before any decision is taken on this application. 6. The application may file appropriate application for the implementation of the workers within two weeks. 7. List this application along with appeals preferred by some of the workers, who are dissatisfied with the amount of the claim allowed to them. 8. The applicant Ex. Director of the company (in liquidation) has filed an application reporting that there was a fire in the premises of the company (in liquidation), 281, Muthiganj, Allahabad on 26.12.2015. He has made a prayer that the Official Liquidator be directed to lodge an FIR in this regard and to get the damages/ loss assessed 9. Sri R.N. Shukla, on behalf of Official Liquidator has submitted a report Judicial No. 16 of 2016, a copy of which has been supplied to Sri Sandeep Agarwal, learned counsel appearing for the applicant Ex. Director. He has reported that the valuer has inspected the property on 12.01.2016 and is in the process of finalising the report regarding damages/ loss caused by fire. 10. The Official Liquidator may submit the report proposed to be submitted by valuer as per the inspection within two weeks after serving the copy upon Sri Sandeep Agarwal, learned counsel for the applicant Ex. Director. 11. The Application No. 7776 of 2016 and the O.L. Report Judicial No. 16 of 2016 shall be considered thereafter. 12. 10. The Official Liquidator may submit the report proposed to be submitted by valuer as per the inspection within two weeks after serving the copy upon Sri Sandeep Agarwal, learned counsel for the applicant Ex. Director. 11. The Application No. 7776 of 2016 and the O.L. Report Judicial No. 16 of 2016 shall be considered thereafter. 12. Sri R. N. Shukla, learned counsel for the Official Liquidator may seek instructions and file reply to the recall application No. 418382 of 2015 submitted on behalf of Maya Press Private Ltd. for the recall of the order dated 12.08.2015 in so far as it rejects the Application No. 5902 of 2007 (Paper No. 103). 13. The Official Liquidator is directed to submit a fresh report mentioning the details of the various machines installed in the premises No. 30 (New)/36 (Old), Panna Lal Road, Allahabad, which belongs to the Indian Press. He shall identify the machineries, which belongs to the company (in liquidation) and machines which belongs to other parties. The parties to whom any part of the machinery belongs shall be directed by him to remove the same and to take appropriate steps for shifting the remaining machine, if possible. 14. Put up the Applications No. 248442 of 2015 and 248429 of 2015 after three weeks.