Court stays order for petitioner to deposit sale proceeds with Official Liquidator pending next hearing, addressing concerns over employee liens. The court stayed the direction for the petitioner to deposit sale proceeds with the Official Liquidator until the next hearing, with a copy of the order ...
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Court stays order for petitioner to deposit sale proceeds with Official Liquidator pending next hearing, addressing concerns over employee liens.
The court stayed the direction for the petitioner to deposit sale proceeds with the Official Liquidator until the next hearing, with a copy of the order to accompany the notice. The petitioner's concerns regarding the order instructing the deposit of proceeds from the sale of immovable property were acknowledged, emphasizing that employee liens would take precedence over the petitioner's claim. Any future claims would be treated on a pari passu basis with the petitioner's claim, with the petitioner undertaking to cover expenses for future advertisements from their funds.
Issues Involved: Petitioner's grievance regarding direction to deposit sale realization with Official Liquidator.
Summary: The petitioner's senior counsel raised concerns regarding the direction in the impugned order of the DRT, upheld by the DRAT, instructing the deposit of proceeds from the sale of immovable property with the Official Liquidator. It was acknowledged that the petitioner is not a secured creditor for this amount, emphasizing that employee liens would take precedence. The counsel highlighted the absence of any verified claims from unsecured creditors despite prior advertisements. Any future claims would be treated on a pari passu basis with the petitioner's claim. The petitioner undertook to cover expenses for future advertisements from the funds in their possession. A notice was issued to show cause against the rule nisi, returnable on a specified date. The court stayed the direction for the petitioner to deposit sale proceeds with the Official Liquidator until the next hearing, with a copy of the order to accompany the notice.
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