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TMI Blog2012 (4) TMI 293X X X X Extracts X X X X X X X X Extracts X X X X ..... sed. - COMPANY APPLICATION NO. 886 OF 2007, COMPANY PETITION NO. 66 OF 1996 - - - Dated:- 29-2-2012 - A.S. BOPANNA, J. K.S. Mahadevan and V. Jayaram for the Applicant. P.S. Dinesh Kumar and Vijaya Kumar V. for the Respondent. ORDER 1. The Official Liquidator has filed the instant application on behalf of the Company-in-liquidation praying that the order dated 12.06.2007 passed by the first respondent be set aside and consequently, direct the first respondent to reimburse a sum of Rs. 19,18,882/-with interest to the company-in-liquidation. 2. Heard the learned counsel for the parties and perused the application papers. 3. The company known as M/s Samrat Ashoka Exports Limited was ordered to be wound up by the or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le to the company-in-liquidation and therefore, the first respondent should be directed to remit the said amount. 4. The second respondent herein is stated to be a secured creditor of the company-in-liquidation and therefore, the second respondent also supports the contention of the applicant since according to the second respondent, if the said amount of Rs. 19,18,882/- is refunded by the- Provident Fund Department to the Official Liquidator, the same would be available for the purpose of disbursement and the secured creditor also would be entitled to certain amounts. 5. The first respondent has entered appearance and filed their objection statement. It is contended that there is functional integrality between the four units viz., ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n orders were passed by the Provident Fund authorities, the second respondent herein viz., one of the secured creditors of the company in liquidation was before this Court in W.P.No.39473/2003(GM-DRT) and the said writ petition was disposed of on 20.03.2007. In the said petition, the second respondent herein had made a similar grievance against the provident fund authorities with regard to their order of adjusting the amount of Rs. 19,18,882/- towards the dues of the so-called sister-concerns of the company-in-liquidation. The said action had been initiated by the second respondent herein since it claimed that it is entitled to the said amount being a secured creditor. This Court had no doubt set aside the order passed by the provident fund ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d by one of the Directors viz., Sri Praveen Chandra Chugh. In that regard, the first respondent has made a detailed reference with regard to the undertaking which had been made by the said establishments that the separate code numbers are being assigned only for the purpose of convenience, but they did not dispute the functional integrality of the said establishments and the same would not be contested at any point in time. 9. Therefore, keeping these aspects in view, the first respondent has arrived at a finding of fact to the effect that there is functional integrality and all the establishments has the very same Managing Director who has been managing all the establishments. The order dated 12.06.2007 has not been called in question ..... X X X X Extracts X X X X X X X X Extracts X X X X
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