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TMI Blog2004 (10) TMI 343X X X X Extracts X X X X X X X X Extracts X X X X ..... oint the Deputy Commissioner, Dharwad District, as the Independent Liquidator in place of the Divisional Commissioner, Belgaum, who had been earlier permitted to be appointed as the Liquidator of the Company in terms of the order dated 2-3-2000 passed by this Court in C.A. No. 56/1999. The reason attributed is that the post of Divisional Commissioner, was about to be abolished and as such, in his place, the Deputy Commissioner, Dharwad District, Dharwad, may be permitted to be so appointed. 3. C.A. No. 1795/2003 is filed subsequently in the very Company Petition purporting to be by the very Company represented by its Managing Director praying for permission of the Court to be granted in favour of the applicant to appoint Ms. R.S. Sujath ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or the purpose of said acquisition before the Assembly and the bill has been passed but is awaiting permission of President of India etc., and on such premise requests the matter to be adjourned by not less than 8-10 weeks. 6. I have also heard Sri Ramdas, learned counsel appearing for the applicant in C.A. No. 762/2003, Sri Deepak, learned counsel appearing for the Official Liquidator, Sri N. Krishnananda Gupta, counsel appearing for the 2nd respondent in C.A. No. 106/2002 along with the learned Government Pleader. 7. M/s. Karnataka State Textiles Limited is a Company which was ordered to be wound up by this Court in terms of order dt. 5-11-1998 pursuant to the recommendation of the Board for Industries and Financial Reconstruction ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Official of the Electricity Board etc., for restoration of power etc. It is subsequent to this order that C.A. No. 106/2002 had been filed praying for substitution of the Deputy Commissioner of Dharwad in place of the Divisional Commissioner, Belgaum, as it was pleaded in the application that the post of the Divisional Commissioner was about to be abolished. 10. The applications had been pending before the Court for a considerable time and were being adjourned at the instance of the learned Government Pleader. 11. Sri Ramdas, learned counsel appearing for the applicants in C.A. No. 762/2003 who claimed ownership and reversion of the lands leased in favour of the Company has expressed that the applications are required to be ord ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... overnment shall constitute for the Tribunal; or ( b )may be a body corporate consisting of such professionals as may be approved by the Central Government from time to time; or ( c )may be a whole-time or a part-time officer appointed by the Central Government: Provided that, before appointing the Official Liquidator, the Tribunal may give due regard to the views or opinion of the secured creditors and workmen. (2) The terms and conditions for the appointment of the Official Liquidator and the remuneration payable to him shall be ( a )approved by the Tribunal for those appointed under clauses ( a ) and ( b ) of sub-section (1), subject to a maximum remuneration of five per cent of the value of debt recovered and realisation of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cial Liquidator to another Official Liquidator for the reasons to be recorded in writing; ( b )remove the Official Liquidator on sufficient cause being shown; ( c )proceed against the Official Liquidator for professional misconduct." 13. While there is to be one Official Liquidator attached to each High Court and he is appointed by the Central Government, the Central Government may also appoint one or more Deputy or Assistant Official Liquidators to assist the Official Liquidator in the discharge of his functions. Except for such appointments, there is no provision for appointing an independent person or a third party as an Official Liquidator in liquidation proceedings under the supervision of the Court. 14. It is noticed from ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Commissioner as the Liquidator can be construed and taken to be for the appointment of an Assistant or Deputy Liquidator to supplement the functions of the Official Liquidator. The action taken by the Divisional Commissioner in such capacity is not disputed to be under the control and supervision of this Court. In view of the subsequent development that the post itself has been abolished, it is the responsibility of the Official Liquidator alone to overlook the winding up proceedings of the Company. 17. Insofar as the present application for permission to appoint Ms. R.S. Sujatha, it is only to be observed that the Act does not enable such appointments but on the other hand it is always open to the State Government to seek for appointm ..... X X X X Extracts X X X X X X X X Extracts X X X X
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