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TMI Blog2014 (11) TMI 1253X X X X Extracts X X X X X X X X Extracts X X X X ..... ADVOCATE for the Respondent(s) No. 4 MS AMEE YAJNIK, ADVOCATE for the Respondent(s) No. 1 MS SK VISHEN, ADVOCATE for the Respondent(s) No. 5 NOTICE NOT RECD BACK for the Respondent(s) No. 3 NOTICE SERVED for the Respondent(s) No. 2 OFFICIAL LIQUIDATOR for the Respondent(s) No. 1 MR SANDIP SINGHI for SINGHI CO, ADVOCATE for the Respondent(s) No. 6 ORDER By presenting this Company Application on behalf of the workmen, the applicant-Textile Labour Association prayed taking out Judge s Summons that the Official Liquidator be directed to pay ₹ 14,40,33,438/- minus ₹ 01,10,00,000/- already disbursed, to 1,874 workmen of the Omex Investors Mills Limited-the company in liquidation. It was prayed to work out property-wise ratio in respect of the property of the said company in liquidation. 2. The attendant facts need to be adverted to necessarily. 3. The affidavit dated 09th July, 2014 filed in support of the prayers made, and the Reports of the Official Liquidator filed in the proceedings gave out that the Omex Investors Mills Limited was wound up on 16th March, 1990 by order in Company Application No.156 of 1989. All the mova ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... crores. This order is passed only because of the fact that the matter is pending for hearing and the same would not create any right in favour of the applicant and the same is passed in line of the observations made by Division Bench of this Court vide order dated 17.04.2014 in O.J. Appeal No.9 of 2014. Mr.Kamal B. Trivedi, learned Senior Counsel for the applicant, has tendered demand draft/pay order of ₹ 40,00,00,000/bearing No.022859 dated 09.05.2014 of Axis Bank Ltd. in favour of Official Liquidator of M/s. Omex Investors Ltd. (in liquidation), a photocopy thereof is taken on record. Deputy Official Liquidator, who is present in the court, is directed to accept the same. (4) During course of hearing Mr.D.S.Vasavda, learned counsel for the opponent TLA, and Ms.Amee Yagnik, learned counsel for the opponent OL, have taken this Court through the peculiar facts, more particularly both the learned counsel have asserted that since 1989 the workmen are waiting for their dues. Mr.Kamal B. Trivedi, learned Senior Counsel for the applicant, states that the applicant shall deposit a further amount of ₹ 14 crores with the Registry of this Court, especially towards the dues of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order. In case if any claim is received from the secured creditors, the Official Liquidator shall take appropriate steps to determine the same. 3.6 It appears that the aforesaid order in the Review Application subjected to O.J. Appeal No.36 of 2014, in which O.J. Appeal Vedika Procon Private Limited moved Civil Application No.525 of 2014. Hon ble Division Bench passed order dated 17th September, 2014 therein, extracted as under: Since the main appeal is to be listed for final hearing on 30th September, 2014, the stay granted by the learned Single Judge vide order dated 28.8.2014 shall continue till the final hearing of the appeal. However, as recorded by the learned Company Judge in paragraph-46D of the impugned judgment, it shall be open for the Official Liquidator to disburse the dues of the workers after due verification. However, instead of disbursing the dues of the workers out of ₹ 14 crores deposited by the first respondent herein, ₹ 7 crores each shall be disbursed from the amount deposited by the appellant and the opponent No.1. Since the opponent No.1 has deposited ₹ 14 crores with the Registry, the entire amount shall be transferred to the Off ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in liquidation from the funds deposited by them with the office of the Official Liquidator. It was secondly prayed for clarification that the said bidders were not claimed their amount of ₹ 06,65,16,719/- each from the Official Liquidator as they have agreed that the amounts may be disbursed to the workers. 3.10 The said Official Liquidator Report No.82 of 2014 came to be ultimately withdrawn by the Official Liquidator, the Division Bench in its order dated 05th November, 2014 permitting the withdrawal stating and observing as under: In view of the order passed by the Division Bench of this Court dated 17.9.2014 in O.J.CA No.525 of 2014 and the subsequent order passed by the learned Company Judge dated 14.10.2014 in OJCA No.184 of 2014, and as the present OLR is absolutely on surmises and conjectures, M/s.Amee Yajnik, learned advocate appearing on behalf of Official Liquidator does not press present OLR at this stage. However, with a liberty to submit an appropriate OLR either before the Division Bench or before the learned Company Judge for appropriate direction considering the development in future and at appropriate time and at appropriate stage. 4. Heard lea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e amount deserves to be released to be paid to them. 6.1 Therefore amount of ₹ 214 crores is deposited by Baleshwar Greens Private Limited which includes ₹ 14,00,00,000/- towards the dues of the workmen as per the statement as recorded by the Court in the order passed in O.J. Misc. Civil Application. The amount of ₹ 148 crores was already deposited by the successful bidder-opponent No.9 Vedika Procon Limited. In view of above directions of the Division Bench in order dated 17th September, 2014 from the amounts deposited by the two parties, ₹ 07,00,00,000/- each therefrom totaling ₹ 14,00,00,000/- are to be disbursed to the workmen. 6.2 It is true that the Official Liquidator has disbursed earlier total amount of ₹ 01,10,00,000/- noted in paragraph 3.1 as well as in paragraph 5 hereinabove, and it is stated that as on date amount of ₹ 13,30,33,438/- remains to be paid to the workers and the said amount is suggested to be disbursed. However the directions of the Division Bench in the aforesaid order dated 17th September, 2014 are too clear to be taken with any modification. They are binding and accordingly the Official Liquidator shall ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , in such cases legal heir/s of the claimant has/have to furnish relevant documents and indemnity bond, and an undertaking in original to the effect also that if in future any kind of dispute arises or any claim is raised, they will be responsible for the same; (vii) The Official Liquidator shall avail the services of Chartered Accountants for verification of claim forms submitted by the workers, for forwarding them to the bank for the purpose of making payment to their concerned account through RTGS/NEFT mode; (viii) The Official Liquidator shall make the payment to the individual workers upon verification report given by the Chartered Accountants and on the basis of the particulars submitted by the concerned worker's Union and after identification of each worker by the workers' Union concerned; (ix) The protection under Section 635A of the Companies Act, 1956 is hereby granted to the Official Liquidator, his officers and staff members of the Office of the Official Liquidator as regards the disbursement in the present application; (x) The Official Liquidator shall file compliance Report in respect of above payment/ disbursement and all the above directions with ..... 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