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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 ..... 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 order dated 18.01.2002 passed by this Court in Co.P.66/96 and other connected petitions. The Official Liquidator is thereafter incharge of the assets of the company and the further proceedings in the matter. The company-in- liquidation is stated to have committed certain default with regard to payment of employees' provident fund payable under the Act. In respect of the same, the authorities under the Provident Fund Act have realised the amount due from the company-in-liquidation. According to the applicant, the amount of Rs. 1,50,00,000 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d 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., the company-in-liquidation as also M/s Mourya Export House, M/s Chanda Exports and M/s Papan Exports. The details and the manner in which the registrations were made with the authorities and the provident fund account number was granted to each of the establishments has been referred to in detail to contend that separate numbers have been assigned on the specific understanding and the undertaking given by the said establishments that there is functional integrality and the person incharge of all the four establishment is one and the same perso ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tiated 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 authority, but had remitted the matter to the competent authority to re-adjudicate the matter to arrive at a conclusion as to whether there is functional integrality among the said four establishments and thereafter take a decision in that matter. In that petition, this Court had directed that if only the provident fund authorities arrived at the conclusion that there is no functional integrality, the amount would be paid to the second respondent, have referred to this aspect in detail only to indicate that the impugned order dated 12.06.2007 had bee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tional 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 in an appropriate forum either by the second respondent herein or by the applicant. Therefore, when the competent authority acting under the Act and further having acted pursuant to the direction issued by this Court at the first instance while disposing of the writ petition and when he has arrived at the conclusion with regard to the functional integrality and in that context, has adjusted the amount which was available to the credit of one of the establishments for realising the provident fund dues of the other three establishments, the correctness of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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