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2024 DIGILAW 1031 (GUJ)

Official Liquidator Of Various Companies (In Liqn) v. NA

2024-04-26

NIRZAR S.DESAI

body2024
ORDER : 1. This report is filed for seeking following reliefs: “(a) This Hon'ble Court may be pleased to approve the names of candidates for the engagement of post of Trainee Company Secretaries and Company Secretaries as per recommendation of the selection committee mentioned in para-6 and 7 (vi) of this report for the period of One (1) year which may be reviewed and extended by the Official Liquidator on completion of every year subject to quality of work performed by the Company Secretary and Trainee Company Secretary, b) This Hon'ble Court may be pleased to permit the Official Liquidator to pay monthly remuneration of Company Secretary of Rs. 40,000/- plus Rs. 1000/- conveyance fee and Trainee Company Secretary of Rs. 40,000/- plus Rs. 1000/conveyance fee and Trainee Company Secretary of Rs. 15,000/- from “Common Pool Account” maintained by the office of the Official Liquidator, Ahmedabad as per guidelines issued by the Ministry of Corporate Affairs vide O.M. No. A45011/15/2018-Ad-1 dated 22-10- 2018 and O.M. No. A-42/11/ 2018-Ad-11- MCA dated 12-10-2020. (c) This Hon’ble Court may be pleased to permit the Official Liquidator to pay an amount of Rs. 15,000/each to Shri H.R. Pillai, Additional Registrar, High Court of Gujarat and Shri Jatin Kapadia and Shri Alay Vasavada, Company Secretaries & Representative of ICSI, Ahmedabad Chapter as member of the selection committee towards honorarium. (d) Such other and further orders and directions as this Hon’ble Court may consider just and appropriate may also be passed.” 2. This Court vide order dated 12-01-2024 passed in Official Liquidator Report No. 2 of 2024 permitted the Official Liquidator tp engage 4 Company Secretaries and 5 Trainee Company Secretaries in terms of sanctioned strength of 5 Company Secretaries and 15 Trainee Company Secretaries as per scheme of engagement of Company Secretary and Trainee Company Secretary approved by the Hon'ble High Court of Gujarat vide order dated 27-10-2010 in Official Liquidator’s Report 119 of 2010. 3. The Court also constituted a committee comprising of the Official Liquidator (convener), Dy. Registrar, High Court of Gujarat and Two Representatives of Ahmedabad Chapter of Institute of Company Secretaries of India (ICSI) for engagement of Company Secretaries and Trainee Company Secretaries. 4. 3. The Court also constituted a committee comprising of the Official Liquidator (convener), Dy. Registrar, High Court of Gujarat and Two Representatives of Ahmedabad Chapter of Institute of Company Secretaries of India (ICSI) for engagement of Company Secretaries and Trainee Company Secretaries. 4. The Court also allowed the Official Liquidator to issue vacancy circular for the same and to display in the Office of Ahmedabad Chapter of Institute of Company Secretaries of India (ICSI) and to also upload on website of Institute of Company Secretaries of India (ICSI) as well as website of High Court and Ministry of Corporate Affairs and Institute of Company Secretaries of India (ICSI). 5. The Court also directed the Official Liquidator that he shall undertake above process and thereafter file action taken report for further appropriate order of this Court. 6. Accordingly, the Official Liquidator has filed the present report, the report indicates as under: (1) That, in compliance of the order dated 12-01- 2024, the Official Liquidator issued letters dated 01- 02-2024 to Registrar General, High Court of Gujarat and Chairman/ Secretary of Institute of Company Secretaries of India (ICSI), Ahmedabad Chapter to nominate members for the Committee for appointment of Company Secretaries and Trainee Company Secretaries. Accordingly, the Registrar General, High Court of Gujarat vide letter dated 16- 02-2024 nominated Shri H, R. Pillai, Additional Registrar as a member of the Committee and Institute of Company Secretaries of India (ICSI), Ahmedabad Chapter vide letter dated 23-02-2024 nominated Shri Alay Vasavada (C.S) and Shri Jatin Kapadia (C.S). (2) That, the Official Liquidator issued Vacancy Circular dated 07-02-2024 inviting the applications for the post of 4 Company Secretaries and 5 Trainee Company Secretaries. The Official Liquidator issued letter dated 09-02-2024 to Company Secretaries of India (ICSI), Ahmedabad Chapter, the Registrar (Infrastructure & I.T), High Court of Gujarat and E-Governance Cell, Ministry of Corporate Affairs, New Delhi to upload the Vacancy Circular dated 07- 02-2024. (3) In respect to Vacancy Circular dated 07-02-2024, the Official Liquidator received 19 applications for Company Secretaries and 42 applications for Trainee Company Secretaries. The Committee held 1st meeting on 14-03-2024 to short-list the applications received from Company Secretaries and Trainee Company Secretaries. Accordingly, 13 applications out of 19 were short-listed for the post of Company Secretaries and 13 applications out of 42 were short-listed for the post of Trainee Company Secretaries. The Committee held 1st meeting on 14-03-2024 to short-list the applications received from Company Secretaries and Trainee Company Secretaries. Accordingly, 13 applications out of 19 were short-listed for the post of Company Secretaries and 13 applications out of 42 were short-listed for the post of Trainee Company Secretaries. After shortlisting, the Committee also decided that interviews of Trainee Company Secretaries may be held on 3 rd April, 2024 at 3:00 P.M. onwards and Company Secretaries may be held on 4th April, 2024 at 3:00 P.M onwards. Accordingly, intimation ere given to short-listed candidates by emails. (4) That, as per decision taken in meeting held on 14-03-2024, the short-listed candidates for the post of Company Secretaries and Trainee Company Secretaries were intimated through emails attend the interviews. However, due to un-avoidable situation, the date of interview of Trainee Company Secretaries was re-scheduled to April, 2024 from 3rd April, 2024. Intimation for the same was given Trainee Company Secretaries through emails dated 28-03-2024. (5) That, as per the schedule, the interviews of Trainee Company Secretaries was held on 08-04- 2024, 10 candidates appeared for the interviews out of 13 shortlisted candidates for the post of Trainee Company Secretaries and 3 candidates did not appear for interviews. On the basis of the interviews, the educational qualifications, professional qualifications and experience, the selection committee has recommended following Five (5) candidates for selection for post of Trainee Company Secretaries- 1) Ms. Urvi Jagdale 2) Mr. Malhar Doshi 3) Ms. Sakshi Prajapati 4) Mr. Yash Ganger 5) Ms. Devina Srivastava Further, Two (2) candidates have been kept in v.ziting list for post of Trainee Company Secretaries- 1) Ms. Anjali Khatri 2) Mr. Chetankumar Prajapati (6) That, in regard to selection of Company Secretaries, the following is submitted: (i) On the scheduled date of interviews of Company Secretaries i.e. 04-04-2024, only 4 candidates out of 13 shortlisted candidates attended the interviews and 9 candidates did not attend the interviews. Therefore, after detailed discussion, the committee decided that one more chance should be given to 9 candidates who have not attended the interviews. In his regard, emails were sent to 9 candidates on 05-04-2024 to attend the interviews on 08-04-2024 at 4:00 P.M. (ii) On 08-04-2024, out of 9 candidates only 2 candidates attended the interviews. Therefore, after detailed discussion, the committee decided that one more chance should be given to 9 candidates who have not attended the interviews. In his regard, emails were sent to 9 candidates on 05-04-2024 to attend the interviews on 08-04-2024 at 4:00 P.M. (ii) On 08-04-2024, out of 9 candidates only 2 candidates attended the interviews. (iii) Looking at the circumstances, the committee discussed that proper candidates are not coming for interview for the post of the Company Secretaries. In this regard, the representatives of ICSI, informed that they have received some inquiries/applications from interested candidates for the post of Company Secretaries after cut-off date. The representatives of ICSI, Ahmedabad Chapter proposed the committee that in case committee agrees then the Institute (ICSI, Ahmedabad Chapter) may forward the applications of interested candidates for the post of Company Secretaries to Office of the Official Liquidator for the consideration by the selection committee. The Committee agreed to the proposal of the representatives of ICSI, Ahmedabad Chapter and requested them to provide the same on or before 17-04-2024. The representatives of ICSI were also requested to the adhere to the criteria decided in earlier meeting held on 14-03-2024. (iv) Accordingly, 13 applications were received from Company Secretaries on 17.04.2024. In this regard, the next meeting of the selection committee was held on 18.04.2024 at 3:00 p.m. to review the applications received from the ICSI, Ahmedabad Chapter. After review of the 13 applications received, 12 applications were shortlisted for interviews and One (1) application of Mr. Jayante Kumar Bandyopadhyay was not short-listed as the age of the candidate (62 years) is well past the superannuation age. The committee decided that interviews for engagement of Company Secretaries may be held on 22nd April, 2024 from 4:00 P.M. onwards and 12 shortlisted candidates to be intimated by email for the same. Accordingly, 12 shortlisted candidates were intimated through emails dated 19-04-2024 to attend the interviews on 22-04-2024. (v) On 22-04-2024, out of 12 candidates, 10 candidates appeared and 2 candidates did not appear. (vi) Thus, for the post of Company Secretaries, 4 candidates appeared for interviews on 4-4-2024, candidates appeared on 08-04-2024 and 10 candidates appeared on 22-04-2024 i,q. total 16candidates appeared. On the basis of interviews, the educational qualifications, professional qualifications and experience of these 16 candidates, the selection committee has recommended following Four (4) candidates for selection for post of Company Secretaries. 1) Mr. On the basis of interviews, the educational qualifications, professional qualifications and experience of these 16 candidates, the selection committee has recommended following Four (4) candidates for selection for post of Company Secretaries. 1) Mr. Swapnil Parekh 2) Ms. Jinal Engineer 3) Ms. Fairy Shah 4) Ms. Hiteshi Bhatt Further, Three (3) candidates have been kept in waiting list for post of Company Secretaries. 1) Ms. Dhruvi Kothari 2) Ms. Nishi Surana 3) Ms. Nisha Sharma (7) The That, the remuneration of Company Secretary of Rs. 40,000/- plus Rs. 1000/- conveyance fee and Trainee Company Secretary of Rs. 15,000/- will be paid from "Common Pool Account" maintained by the office of the Official Liquidator, Ahmedabad as per guidelines issued by the Ministry of Corporate Affairs vide O.M.No.A45011/dated 22-10-2018 and O.M.No.A-42/11/2018- Ad-11-MCA dated 12-102020. (8) That, the Hon'ble Court may be further please to allow the Official Liquidator to pay Rs. 15,000/- per member of the Committee (except Official Liquidator) towards honorarium to the Member of the Committee from the "Common Pool Account" maintained by the Office of he Official Liquidator. 7. With the aforesaid observations and directions sought in report, the Official Liquidator is allowed to engage Four (4) Company Secretaries and Five (5) Trainee Company Secretaries as per recommendation of the selection committee for the period of One (1) year which may be reviewed and extended by the Official Liquidator on completion of every year subject to quality of work performed by the Company Secretary and Trainee Company Secretary. 8. The Official Liquidator is also permitted to engage candidates from the waiting list if any of the candidate from the main list does not join their duties in office of the Official Liquidator. 9) The Official Liquidator is also permitted to pay monthly remuneration of Company Secretary of Rs. 40,000/- plus Rs. 1000/- conveyance fee and Trainee Company Secretary of Rs. 15,000/- from "Common Pool Account" maintained by the office of the Official Liquidator, Ahmedabad as per guidelines issued by the Ministry of Corporate Affairs vide ().M. No. A45011/15/2018-Ad-1 dated 22-10-2018 and O.M. No, A.42/1 L/ 20A*-Ad-11.MCA dated 12-10-2020. 10. The Official Liquidator is also permitted to pay Rs.15,000/- each to Shri. H.R. Pillai, Additional Registrar, High Court of Gujarat and Shri Jatin Kapadia and Shri. Alay Vasavda, Company Secretaries and Representative of ICSI, Ahmedabad Chapter as member of the selection committee. 11. 10. The Official Liquidator is also permitted to pay Rs.15,000/- each to Shri. H.R. Pillai, Additional Registrar, High Court of Gujarat and Shri Jatin Kapadia and Shri. Alay Vasavda, Company Secretaries and Representative of ICSI, Ahmedabad Chapter as member of the selection committee. 11. The present Official Liquidator Report is allowed and accordingly, DISPOSED OF.