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TMI Blog2013 (5) TMI 1073X X X X Extracts X X X X X X X X Extracts X X X X ..... r. A.N. Haksar, Sr. Advocate with Mr. Shiv Sapra & Ms. Deeksha Khurana, Advocate for Sofear Global in CA Nos.1145/2009 and 1941/2010 Mr. Arvind Kr. Gupta, Advocate for applicants in CA Nos.1153/2009 & 1767/2009 Mr. Sumesh Dhawan & Mrs. Vatsala Kak Panda, Advocates for applicant in CA 913/2012 Mr. M.R. Shamshad, Advocate for applicant in CA No.1144/2009. ORDER SUDERSHAN KUMAR MISRA, J. Co. Appl. Nos. 1144/2009, 1145/2009, 1767/2009, 1941/2010 & 913/2012 1. Co. Appl. Nos. 1145/2009 and 1941/2010 have been moved by Sofear Global Limited praying, inter alia, for transfer of shares pending in the name of CRB Trustees Limited A/c. CRB Mutual Fund in favour of the applicants on the ground that the same have been validly purchased by the app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se cheques are stated to be in respect of 2,05,750 shares of Reliance Infrastructure Ltd. (erstwhile Bombay Suburban Electric Supply Ltd. [BSESL]), which have been claimed by the applicant, Sofear Global Research (HK) Ltd., in Co.Appln.Nos.1145/2009 and 1941/2010. Counsel for M/s Reliance Infrastructure Ltd. states that the first cheque of Rs. 97,33,555.75, is in respect of the dividend on the aforesaid shares and towards interest for the period 1999-2006, while the second cheque of Rs. 70,20,112/- pertains to the dividend on those shares and towards interest for the period 2006- 2011. Let these cheques be encashed by the Registrar of this Court and placed in a short term fixed deposit, subject to further orders of this Court. M/s Relia ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rms of the aforesaid directions leaving it open for the Committee to examine the claim of the applicants in these applications and to carry out the necessary certification in this regard. 6. All these applications stand disposed of in the above terms. CA No.1143/2003 7. This is an application moved by the Provisional Administrator, late Sh. M.L.T. Fernandes, on 14th May, 2008 praying to pay out certain payments to unitholder and also for permission to dispose off securities of the CRB Mutual Fund; and to utilize the sums obtained thereby for that purpose. 8. Much water has flown since this application was filed, and in view of the orders passed by this Court appointing a Committee to wind up affair of the respondent, no orders are requ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... various directions in that regard and since the main petition itself is being disposed off, no further orders are required to be passed in this application and the same is disposed off as such. CA No.712/2010 15. This application has been moved by the late Sh. M.L.T. Fernandes, who was functioning as the Provisional Administrator of the respondent company in terms of certain interim orders that had been passed by this Court in this behalf. The application was moved on 11th February, 2010. 16. Looking to the fact that the main petition has been disposed off by appointment of a Committee to wind up the affairs of the respondent, which has also been entrusted with the power to take all steps to realize all assets due to the respondent, i. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... spondent company is that Shri M.L.T. Fernandes was appointed as Provisional Administrator by the Bombay High Court and the terms of his appointment were akin to that of a Court Commissioner appointed to carry out certain tasks assigned by the Court. In this case, he was expected to administer the affairs of the CRB Mutual Fund. For this purpose, obviously he was permitted to take the assistance wherever necessary, of appropriate secretarial staff. Any engagement, under such circumstances, could not be construed as a regular or permanent appointment in an establishment, and such an appointment would necessarily be construed to be temporary one of short term duration. Under the circumstances, counsel submits that the question of notice period ..... X X X X Extracts X X X X X X X X Extracts X X X X
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