2005 (8) TMI 392

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....alia, in paragraph Nos. 42 to 46 thereof. The Offi cial Liquidator has also prayed for stay against the implementa tion, execution and operation of the directions issued by this Court qua him and particularly, those contained in paragraph Nos. 42 to 46 of the order dated 18-7-2005 in O.L.R. No. 61 of 2005. 2. Mr. Mihir Joshi, learned Senior advocate with Mr. Vimal M. Patel, learned advocate appearing for the Official Liquidator has submitted that the directions are given by this Court in para Nos. 42 to 46 without hearing the applicant on those issues and without calling for any explanation from the applicant. Certain observations are straightaway found in the order itself. The Official Liquidator has not been given any opportunity to re....

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....ise has not been undertaken and the Court has straightaway come to the conclusion, issued directions and made certain observations, the same are not only prejudicial to him but also adversely affect to his office. He has, therefore, submitted that the observations made and directions issued in para Nos. 42 to 46 of the order may be recalled and the order may be modified to this effect. 4. After having heard learned Senior Counsel appearing for the applicant and after having gone through the application filed by the applicant and the documents attached therewith, the Court is of the view that the observations made and directions issued in para Nos. 42 to 46 of the judgment and order under review are prima facie in nature and no final conc....

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....t along with the present application can certainly be produced before the Inquiry or Investigating Officer and the same can be looked into by such authority. As a result of any such properly conducted inquiry and investigation, if anything adverse is found, the question of taking appropriate action would arise. Instead of raising any objection against such directions or feeling shy to face such inquiry, the Official Liquidator should co-operate by furnishing necessary details and documentary evidence before the Investigating Agency and prove that no one is involved from his office nor any one has acted in any manner in collusion or conni vance with any of the parties mentioned in the order. He has to prove before such Investigating Agency t....