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Jharkhand High Court · body

2025 DIGILAW 1378 (JHR)

Kumardhubi Metal Casting & Engineering Ltd. (KMCEL) v. Kumardhubi Karamachari Congress

2025-05-09

ANANDA SEN

body2025
Order : (ANANDA SEN, J.) I.A. No. 5895 of 2024 Learned counsel for the intervener seeks permission to withdraw this interlocutory application. 2. Prayer is allowed. 3. Accordingly, this interlocutory application is dismissed as withdrawn. I.A. No. 2383 of 2023 4. The petitioner of this interlocutory application i.e. Al Sifah Minerals Pvt. Ltd submits that the cheques and the demand drafts which they had submitted and is kept in the sealed cover, be returned to them, as the auction notice pursuant to which they had participated, did not materialized and was cancelled. He submits that thereafter a fresh auction notice was issued but in the said auction they did not participate. 5. Learned counsel on behalf of Official Liquidator admits the aforesaid fact and submits that the cheques and demand drafts which were furnished by Al Sifah Minerals Pvt. Ltd. may be returned to them. He also submits that the validity period of the drafts and the cheques, now has already lapsed. 6. Considering the submission of the parties, the sealed cover is opened. I find that two drafts details of which is as follows, were deposited by the Company. DD No. Date Drawn On Amount Purchaser 870501 07.04.2021 Indusind Bank Rs. 4 lacs. Al Sifah Minirals Pvt. Ltd. 749595 06.04.2021 Indusind Bank Rs. 1 lac. Al Sifah Minirals Pvt. Ltd. 7. I also find that there are five cheques of Indusind Bank issued by Al Sifah Minerals Pvt. Ltd., the details of the cheques are as follows: Cheque no. Dated Issued in the name of Amount 990915 07.04.2021 Official Liquidator, Ranchi Rs. 9 Crores 990916 07.04.2021 Official Liquidator, Ranchi Rs. 8 Crores 990917 07.04.2021 Official Liquidator, Ranchi Rs. 7 Crores 990918 07.04.2021 Official Liquidator, Ranchi Rs. 6 Crores 990919 07.04.2021 Official Liquidator, Ranchi Rs. 3 Crores and 10 lac 8. These cheques and demand drafts in original are hereby returned being received by the learned counsel appearing on behalf of Al Sifah Minerals Pvt. Ltd. Photocopy of these cheques and drafts be kept on record. Receipt be obtained from learned counsel appearing for Al Sifah Minerals Pvt. Ltd. 9. This interlocutory application is disposed of. 10. On behalf of the workmen it has been prayed that since huge amount is lying with the Official Liquidator, Official Liquidator be directed to disburse appropriate share to the workmen. 11. Mr. Receipt be obtained from learned counsel appearing for Al Sifah Minerals Pvt. Ltd. 9. This interlocutory application is disposed of. 10. On behalf of the workmen it has been prayed that since huge amount is lying with the Official Liquidator, Official Liquidator be directed to disburse appropriate share to the workmen. 11. Mr. Himanshu Kumar Mehta, learned counsel appearing on behalf of the Official Liquidator submits that they have undertaken an exercise and admits the dues of only 554 workmen, who have been properly scrutinized. As per him a detailed report has been prepared and filed on 29.05.2020 in respect of those 554 workmen. He submits that so far as these 554 persons are concerned, the Official Liquidator is in a position to pay some amount to them which as shown in the report. 12. Considering his submission, I direct the Official Liquidator to issue notice to the individual 554 workmen in terms of Rule 276 of the Companies Court Rules of 1959. The notice will be published in the two local newspapers having wide circulation in the area and published in Hindi language, preferably one in Prabhat Khabar and other in Dainik Bhasker. Individual letter in terms of Rule 276 of the Company Court Rules will also be sent to these individual workmen. A copy of the general notice be sent to the office of the Union so that they can also communicate about the notice to these 554 named workmen. After the notice is properly published and served, the Official Liquidator will start making payment to each individual workmen after being satisfied about their identity. For the purpose of making the payment if fixed deposit are to be liquidated the Official Liquidator is permitted to do so. 13. List this case in the last week of June 2025 for considering the other reports filed by the Official Liquidator.