1999 (12) TMI 767 - HC - Companies Law

Summary

Issues:
1. Grant of leave to continue proceedings in Debt Recovery Tribunal.
2. Validity of the order allowing the secured creditor to proceed against mortgaged properties.
3. Requirement of seeking court permission for secured creditor to stay outside liquidation process.
4. Applicability of legal principles post-introduction of sections 529 and 529A in the Companies Act, 1956.
5. Authority of the official liquidator in the disposal of assets.

Analysis:

1. The judgment revolves around the grant of leave to the first respondent, a secured creditor, to continue proceedings in O.A. No. 1301 of 1997 before the Debt Recovery Tribunal. The single judge allowed the application, with prescribed terms to inform the official liquidator and ensure payment of workmen's dues before property sale.

2. The appellants, including the managing director and directors, challenged the order, arguing that the properties were already sold, and the bank should have sought permission before liquidation. The court noted the pending petition to set aside the sale and deemed the question of property availability premature.

3. The appellants contended that the bank should have sought court permission before the winding-up order. The court rejected this, stating Section 446 does not impose such a limitation, questioning the necessity for prior permission before liquidation.

4. The judgment addresses the legal principles post-introduction of sections 529 and 529A in the Companies Act, 1956. The appellants argued that the official liquidator holds exclusive rights over assets post-winding up, requiring creditor reference for property sale. The court disagreed, citing a Karnataka High Court decision and focusing on the current application's scope.

5. The court emphasized that the decision pertained to permitting the bank to continue proceedings, not property sale. It highlighted the judge's safeguards to prevent unauthorized sales and ensure workmen's dues payment. The court noted that objections to debt recovery modalities should come from other creditors or the official liquidator, dismissing the appeal at the admission stage.