TaxTMI 
TaxTMI 
2013 (3) TMI 884
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....nd further be pleased to direct the Official Liquidator of M/s. Gujarat Narmada Auto Ltd. to release the amount of Rs. 30,000/- (Rupees Thirty Thousand Only) towards pending salary of 7 months i.e. from December, 1995 to June, 1996 along-with interest @ 18% p.a. thereon from the date due till realisation for the reasons stated in the accompanying affidavit-in-support of Judges' Summons and in the interest of justice and fairness of things; (B) Your Lordships be pleased to grant such other and further reliefs as may be deemed fit, just and proper in the interest of justice and fairness of things." 2. It appears from the record that the applicant was working with M/s. Gujarat Narmada Auto Ltd. and was serving in the Stores Department. It a....
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....tailed report. The report filed by the Official Liquidator indicates that in compliance with the orders passed by this Court dated 11.10.2005 in Company Application No.262 of 2005 and allied matters as well as in Special Civil Application No.12100 of 2006, the Official Liquidator has disbursed the amounts in favour of the secured creditors and workers of the Company in liquidation which is more particularly set out in Para 5 of the report submitted in the present proceedings by the Official Liquidator. The Official Liquidator has further contended that as per the order dated 9.5.2002 passed by this Court in Company Application No.30 of 2000, 182 workmen have been paid their dues and the present applicant was at Sr. No.10. It further transpi....
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....ter of GNFC and the relevant sheet showing calculation of dues given by GNFC where is the name of the applicant appeared and the payment made to him are annexed herewith and marked as Annexure-H' (Colly.)" 4. It may be noted that the applicant has also made M/s. Gujarat Narmada Fertilizer Corporation as party respondent in the summons. It transpires from the record that the said Company was the sole creditor of the Company in liquidation. 5. Mr. Nandish Y. Chudgar, learned advocate for Nanavati Associates for respondent No.2 also reiterated the contentions raised by the Official Liquidator and has further submitted that in view of the provisions of Section 445(3) of the Act, no amount is legally payable to the applicant and all that was ....
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.....8.2004 has observed thus: "The applicant is the Ex-employee of the Company in liquidation. He has taken out this Judges Summons for claiming the salary for the period from December, 1995 to June, 1996. This period is after the date of the winding up and the amount claimed is about Rs. 30,000/-. It is the say of the applicant that other employees were paid the salary for the month from December, 1995 to June, 1996. In support of his claim, the applicant has produced an affidavit of one Mr. Piyush Panchal, wherein he has specifically stated that the exemployees were paid the salary from the month from December, 1995 to June, 1996. The said Mr. Piyush Panchal is also present in the Court. 2. Mr. Subhash G. Barot, learned advocate appearin....
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.... or any legal authority in support of his claim. His only argument is that since other Ex-employees are paid, the applicant should not be discriminated. 4. In the above view of the matter, the Official Liquidator is directed to ascertain the veracity of the claim made by the applicant vis-a-vis. the other Ex-employees and if the amount is paid to the other Ex-employees and if it is in accordance with the statutory Provisions of the Act, more particularly, keeping in mind the Provisions contained in Section 445(3) of the Act, the said amount should be paid to the applicant. 5. With this direction and observation, the present application is accordingly disposed of." 8. This Court has in Para 4 directed the Official Liquidator to ascertai....