2000 (1) TMI 908 - HC - Companies Law

Summary

Issues:
1. Appointment of a receiver by ICICI in a suit.
2. Submission for not appointing a Liquidator.
3. Contrary stands taken by ICICI regarding secured and unsecured creditors.
4. Decision on the prayers in the petition and continuation of injunction.

Analysis:

Appointment of a Receiver:
The Industrial Credit and Investment Corporation of India (ICICI) filed Suit No. 3636 of 1999 seeking the appointment of a receiver as they were the debenture trustees of the company with a significant amount due. Despite the company's financial crisis due to a joint venture withdrawal, the appointment of a receiver was contested, citing potential adverse effects on the company's operations and workers. However, the court observed the common difficulty faced by financial institutions in recovering substantial amounts and appointed the receiver, a decision not challenged through an appeal.

Submission Against Liquidator Appointment:
In a subsequent petition, ICICI's counsel argued against appointing a Liquidator, highlighting that the company's assets were already under the receiver's control, limiting the company's ability to dispose of assets. ICICI proposed revival plans for the company, emphasizing the importance of not hindering these efforts by appointing a Liquidator. The company's counsel suggested selling a separate unit and immovable properties to address liabilities and prevent liquidation.

Contrary Stands by ICICI:
The court noted ICICI's contradictory stance of seeking protection through the appointment of a receiver in one instance while opposing security for unsecured creditors in the current petitions. The court found ICICI's argument unjustified, as it implied permission to sell assets already under the receiver's custody, which would not alleviate the company's liabilities towards the petitioners.

Decision on Petition and Injunction:
Considering the arguments presented, the court made the judges' summons absolute in favor of the petitioners, directing the continuation of the injunction until the Liquidator takes possession. The court dispensed with the drawn-up order and instructed the Official Liquidator to act upon a copy of the order. A request for a stay on the order's operation was rejected, further solidifying the court's decision.

This comprehensive analysis of the judgment highlights the key issues addressed by the court, including the appointment of a receiver, arguments against a Liquidator appointment, ICICI's contradictory positions, and the final decision on the prayers in the petition.