9911796707
TMI Blog2012 (4) TMI 167X X X X Extracts X X X X X X X X Extracts X X X X ..... ny - workmen states that by virtue of a Compromise Deed, two Directors of the respondent company had agreed to pay a sum of Rs. 60 lacs to the workmen from the sale proceeds of the aforesaid property - official liquidator has pointed out that the ex-directors of the company are yet to appear and facilitate the enquiry being undertaken which would include all matters relating to the subject property – Held that:- as for workmen's application Court is of the view that it has no jurisdiction to enforce an alleged personal agreement between the former Directors and the workmen insofar as it pertains to personal property of the Directors - workmen are granted liberty to file appropriate proceeding - directs the Official Liquidator to release the amount of Rs. 60 lacs with accrued interest to the entity/individual who has deposited the amount. - Co. Petition No. 294 of 2006 - - - Dated:- 17-2-2012 - Manmohan, J. L.B. Rai for the Petitioner. Kanwal Chaudhary, Ms. Gunjan Chowksey, Dinesh Garg, Ms. Rachna Agrawal, Vikas Mahajan and Ashwani Kumar Berry for the Respondent. JUDGMENT Co. Appls.311/2009 907/2009 in Co. Pet. 294/2006 1. While application being Co. App ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ta Suri and Ms. Kavita Kataria. The other sisters and brother of Sh. Ashwani Berry relinquished their shares in favour of Sh. Ashwani Berry who executed the aforenoticed two sale deeds. 2. On a prima facie consideration of the matter, it would appear that the property was never transferred in the name of the company. However Ms. Manisha Tyagi appearing for the official liquidator has pointed out that the ex-directors of the company are yet to appear and facilitate the enquiry being undertaken which would include all matters relating to the subject property. It has also been pointed out that an industrial plot of the company has been sold shortly before the filing of the present winding up petition in the year 2006 which plot was owned by the company. 3. The enquiry of the official liquidator so far as the property which is the subject matter of this application is concerned, is still not completely over. 4. It has been claimed that a settlement has been arrived at and signed both by Sh. Ashwani Berry and Sh. Ajay Berry wherein it was agreed by them on behalf of the company that upon sale of the first floor, they would pay an amount of Rs. 60 lakhs. The official liquidat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by this Court or the aforesaid property should not be unconditionally released to the purchaser. 5. Mr. Vikas Mahajan, learned counsel appearing for respondent No.3-Mr. Ashwani Berry, states that the Settlement Agreement dated 19th September, 2004 relied upon by the workmen is a forged and fabricated document inasmuch as it is purportedly signed by Mr. Ashwani Berry who was not a Director of the respondent company on 19th September, 2004 as he had resigned from the Directorship on 11th December, 2002. 6. Mr. Dinesh Garg, learned counsel appearing for the purchaser states that the reliance upon this Court's order dated 25th May, 2009 is mis-conceived on facts inasmuch as the said interim order had been passed as the issue of ownership of the aforesaid property at that stage was in dispute and an inquiry of the Official Liquidator on the said aspect was pending. 7. Mr. Kanwal Chaudhary, learned counsel for Official Liquidator submits that on a detailed inquiry conducted by the Official Liquidator, it has been found that the aforesaid property does not belong to the respondent company as it was owned by the father of Mr. Ashwani Berry in his individual capacity. 8. In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion come into existence. Then after the death of Sh. Shanti Swarup Berry and Mrs. Krishna Berry, Shri Ajay Berry, Mrs. Kavita Kataria and Mrs. Geeta Suri relinquish their rights in the above said property though Relinquishment Deed in favour their brother Shri Ashwani Kumar Berry. Sh. Ashwani Kumar Berry through two different Sale Deeds sold Basement Floor, Ground Floor and First Floor to Sh. Anurag Sharma and Second Floor with Terrace to Mrs. Poonam Sharma." 10. From the aforesaid report, it is clear beyond doubt that the said property is not the company's property and, therefore, this Court has no jurisdiction to deal with the said property or to impose any restrictions on its transfer. Consequently, CA 311/2009 is allowed. 11. As far as the workmen's application for release of Rs. 60 lacs is concerned, this Court is of the view that it has no jurisdiction to enforce an alleged personal agreement between the former Directors and the workmen insofar as it pertains to personal property of the Directors. 12. However, the workmen are granted liberty to file appropriate proceeding in accordance with law for enforcement of their rights arising out of the alleged Compromise ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
