9911796707
TMI Blog2003 (2) TMI 350X X X X Extracts X X X X X X X X Extracts X X X X ..... order dated 30th April, 1993 the Receiver had appointed M/s. Travancore Malabar Estates as her agent in respect of the tea estate in question since 23rd June, 1993. 2. Pursuant to the enactment by Parliament of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, the suit which was instituted on the Original Side of this Court was transferred to the Debt Recovery Tribunal. The Suit was decreed on 19th July, 2000 by the Debt Recovery Tribunal. The report of the Court Receiver states that in pursuance of the decree and order passed by the Debt Recovery Tribunal on 19th July, 2000, the Original Defendants were directed to make payment of the decretal claim to the Plaintiff Bank, failing which it was provided that the tea estate would be liable to be sold through the Court Receiver, High Court, Bombay. The Court has been informed that the Defendants failed to make payment, whereupon the Plaintiff Bank, in terms of the direc- tions of the Debt Recovery Tribunal moved the Chamber Judge of this Hon ble Court for seeking a direction for the sale of the tea estate. 3. On 13th September, 2000 an order was passed by the learned Chamber Judge in Chamber Summons No. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e matter was thereafter carried in appeal and by an order dated 29th October, 2001, a Division Bench of this Court consisting of A.P. Shah S.A. Bobde, JJ., set aside with the consent of the parties the order of the learned Single Judge discharging the Court Receiver. The Division Bench issued the following directions : "The Court Receiver is at liberty to apply to the Hon ble the Chief Justice for appropriate directions in terms of para 15 of the Judgment of the Division Bench in Bank of Tokyo Mitsubishi Ltd. v. Chembra Estate 2001 (1) Bom. C.R. 842. All contentions of the parties are left open." In pursuance of the aforesaid direction, the Court Receiver has placed a report dated 29th January, 2002 and an application for clarification of the same date for the consideration of the Court. In the report of the Court Receiver dated 29th January, 2002, the following directions have been sought: "( a )The erstwhile agent of the Court Receiver viz., M/s. Travancore Malabar Estates may be directed to discharge its liabilities and give Nil Liability Certificate within a stipulated period of time as may be fixed by this Hon ble Court. ( b )If the aforesaid agent fails to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ishna (as the learned Judge then was) and Mr. justice S.D. Gundewar on 23rd October, 2001. The reference was answered in the following terms : "( i )After the coming into effect of the Recovery of debt Due to Banks and Financial Institutions Act, 1993 and the establishment of the Debts Recovery Tribunal with effect from 19th July, 1999, this Court ceased to have any jurisdiction to issue directions to the Court Receiver, High Court, Bombay appointed in Suits or other proceedings pending on the said date. ( ii )In all such cases which were pending before this Court on the Original Side on 16th July, 1999 and stood transferred to the Debts Recovery Tribunal by reason of section 31 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, the Court Receiver, High Court, already appointed would continue to act as Court Receiver, but subject to the directions to be issued by the Debts Recovery Tribunal/Appellate Tribunal. ( d )The Court Receiver, High Court Bombay being an employee of the High Court is subject to administrative control of the learned Chief justice. We would recommend to the learned Chief Justice that the Court Receiver s services may be made avai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r charges and all other charges, taxes, fees, cesses, dues payable from time to time and indemnify and keep indemnified the Licensor against all claims and demands in respect thereof." "12. The Licensees shall pay discharge and provide for all liabilities contractual or otherwise howsoever incurred by them in respect of the business including liabilities for purchase of seeds, plants, manure, payment of salaries, wages, compensation, bonus, provident fund, retirement benefits including gratuity and superannuation payable to employees of estate retiring during the period of this Agreement (which shall be an expense for the period of the Agreement) and shall be paid by the Licensees or other remuneration or complements whatsoever to the workmen, premium for insurance, excise duty, income tax, agricultural tax, sales tax and other taxes, if any, charges for supply of consumption of water and electricity and all other costs, charges and expenses whatsoever of or incidental to the business commencing from the date of delivery of possession of the assets to the Licensees under this Agreement." "22. The Licensees shall at their own costs every month issue/furnish a certificate to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eldo, the Constituted Attorney of M/s. Travancore Malabar Estates being the Agents of the Court Receiver states that at present the Agents i.e., TME have ( sic ) produced the " Nil liability certificate" to the Court Receiver and have not discharged all the liabilities namely all the contractual and statutory liabilities of the suit estate since the office of the estate is closed. Shri Yeldo further undertakes on behalf of the aforesaid Agents that they will lodge the "Nil liability certificate" and that the Agents shall discharge all the liabilities as per the Agency Agreement in respect of the suit estate at the earliest. Shri Yeldo further undertakes that they will deposit the arrears of royalty amounting to Rs. 12,24,194 with the Court Receiver at the earliest." [Emphasis supplied]. The site report is signed by the Constituted Attorney of the agent. 10. In view of the undertaking which was furnished by the Constituted Attorney on behalf of the agent of the Court Receiver, we are of the view that the undertaking must be made good and can be enforced in proceedings before this Court. 11. The only defence that was urged on behalf of the erstwhile agent was that in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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