9911796707
TMI Blog2012 (12) TMI 710X X X X Extracts X X X X X X X X Extracts X X X X ..... urt to paras-1 and 2 of the judgment, which are reproduced for ready perusal:- "1. The applicant, namely, Jubilee Mills Limited Employees Co-operative Society Limited has taken out this Judge's Summons seeking extension of time for the period of one month to lift the material sold to the applicant in response to the order passed by this Court in O.L.R. No. 11/2004 dated 01.04.2004 without charging any rent. 2. An affidavit in support of the Judge's Summons is filed by Shri A.K. Doshi, President of the applicant Society. It is stated in the said affidavit that the employees of the Ahmedabad Jubilee Mills Limited had formed the applicant Credit Society and the shareholders of the applicant Credit society were the actual em ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Senior Advocate for the appellant-society submitted that in the affidavit filed by said Shri Jivanlal F. Parmar, he has described himself to be the ex-employee of Calico Mill and also stated that he is residing near Calico Mill Compound, whereas the goods which are alleged to have been lifted were lying in the premises of Mill compound situated at Chharanagar. Learned Senior Advocate for the appellant-society submitted that there are reports filed by the Official Liquidator and in one of the reports (dated 19.04.2005), it is specifically stated by the Official Liquidator in para-6 that:- "6. That however, this Honourable High Court may be pleased to observe that the premises or the portion belonging to Calico Mills was neither opened nor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rder, I respectfully submit that our dues are still pending with the Calico Mills, Saranagar (sic-Chharanagar), Ahmedabad....." As if there is a separate Calico Mill at Chharanagar. 2.6 It is further stated in the affidavit that:- "1. ..... When I came to know about taking delivery of the goods belonging to Jubilee Mills, which were lying in the compound of Calico Mills, Saranagar, GPD Unit, along with others, I was also regularly visiting the site but from outside the compound. (Emphasis supplied) Whether such person can be believed who files an affidavit on the basis of his so-called 'regular visits' to the place. Until a person is having definite information about the goods sold and the goods taken, how there can be a complaint and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Official Liquidator most respectfully submits that in the meeting of sale committee held on 4.7.2003 the offer for purchase of moveable items by the applicant society at a consideration of Rs.1,25,000/- was recommended by the Sale Committee. The Sale Committee recommended that offer with the understanding that the offer is for purchase of moveable items as listed in the inventory cum valuation report prepared by Shri Vinod P. Matadar on 13.12.2001. That later on the applicant society informed the Official Liquidator that its offer is not restricted to the items mentioned in the inventory cum valuation report of Shri Vinod P. Matadar but its offer is in respect for all the moveable items of ownership of Jubilee Mills whatever are lying in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by the office of the Official Liquidator, the application ought to have been allowed and the extension of time which was prayed for ought to have been granted. 5. Learned Advocate Mr. Bhairavia submitted that his client-Shri Jivanlal F. Parmar has done his duty by drawing the attention of the authorities concerned and it was the duty of the authorities to see that proper investigation is made in the matter so as to see that the rights of the persons like the complainant (Shri Jivanlal F. Parmar-ex-employee of Calico Mills) are not prejudiced. 6. One cannot have any dispute with the submission of learned Advocate, but then the question remains whether the course adopted by the learned Company Judge of relying on an affidavit, which is f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ty also invited attention of the Court to the fact that the very same person-Shri Jivanlal F. Parmar had filed police complaint, but it is not pursued by him and ultimate result of that complaint is not placed on record. Learned Senior Advocate for the appellant-society submitted that the matter is required to be considered in light of the averments made in para-2 of the judgment and order, wherein it is mentioned that, "shareholders of the applicant Society are poor persons and the Society is suffering from shortage of fund". It was therefore prayed that for extended period, rent may not be charged. Learned Senior Advocate for the appellant-society submitted that for a transaction, which was for Rs. 1,25,000/-, later on increased to Rs. 1, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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