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of <h1>Court orders replacement of Liquidator's Solicitors with Petitioning Creditors' Solicitors in winding-up proceedings</h1> <h3>Mulji Lalji Versus Official Liquidator of the Jamnadas Nursey Ginning & Pressing Co. Ltd.</h3> The Court reviewed an ex parte order sanctioning the appointment of Solicitors for the Official Liquidator in compulsory winding-up proceedings of a ... Winding up – Exercise and control of liquidator’s powers and Appeals from orders Issues:Compulsory winding-up proceedings of a company, appointment of Solicitors for the Official Liquidator, reconsideration of ex parte order sanctioning Solicitors' appointment, interests of petitioning creditors in the appointment process, application of Section 183(5) of the Indian Companies Act, consideration of English practice in company matters, balancing efficiency and economy in liquidation proceedings, preference for petitioning creditors' Solicitors, jurisdiction of the Court to review and reconsider orders.Analysis:The judgment pertains to the compulsory winding-up proceedings of a company and the subsequent appointment of Solicitors for the Official Liquidator. Initially, the Court had sanctioned the appointment of a specific firm as Solicitors for the Official Liquidator through an ex parte order. However, the petitioning creditors sought to set aside this order and have their Attorneys appointed instead. The Court considered the petitioning creditors as persons aggrieved under Section 183(5) of the Indian Companies Act, allowing for a review of the appointment. The Court acknowledged the importance of the selection of Solicitors in liquidation proceedings, emphasizing the need for efficiency and economy. It highlighted the practice favoring the appointment of petitioning creditors' Solicitors for the Liquidator, grounded in sound reasons and efficiency concerns.The Court deliberated on the necessity of appointing a new set of Solicitors and the potential additional costs involved. It emphasized the petitioning creditors' entitlement to ensure that liquidation proceedings are conducted efficiently and economically. The Court scrutinized the facts of the case and concluded that the petitioning creditors' Solicitors, being familiar with the proceedings, were better positioned to assist the Liquidator compared to a new firm. Consequently, the Court deemed its ex parte order sanctioning the appointment of a different firm as Solicitors for the Official Liquidator as incorrect and based on insufficient materials.In exercising its jurisdiction to review and reconsider the order, the Court decided that the petitioning creditors' Solicitors should be employed by the Official Liquidator instead. The judgment also addressed the allocation of costs, specifying that the Official Liquidator's costs and those of the petitioning creditors would be covered from the company's assets. The Taxing Master would determine the instruction charges for counsel certified in the matter. The judgment underscored the importance of balancing the interests of all parties involved in the liquidation process while upholding principles of efficiency and economy.
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