LAWS(KAR)-2012-1-294

N.P. CHANDRASHEKAR S/O. PARASORAN Vs. OFFICIAL LIQUIDATOR OF M/S. SWEDE (INDIA) TELTRONIC LTD., ATTACHED TO HIGH COURT OF KARNATAKA, 26-27, 12TH FLOOR, RAHEJA TOWERS, M.G. ROAD BANGALORE-560001

Decided On January 05, 2012
N.P. Chandrashekar S/O. Parasoran Appellant
V/S
Official Liquidator Of M/S. Swede (India) Teltronic Ltd., Attached To High Court Of Karnataka, 26 -27, 12Th Floor, Raheja Towers, M.G. Road Bangalore -560001 Respondents

JUDGEMENT

(1.) THIS application is filed under Section 457(2)(I) of the Companies Act, 1956 r/w. Rules 6 and 9 of Company Court Rules 1959 by the employee of the Company - M/s. Swede (India) Teltronics Ltd., which has been wound up by the order of this Court on 21.07.2000 in COP. No. 68/1997. The applicant had preferred a claim of Rs. 2,60,340/ - out of which only a sum of Rs. 20,000/ - was admitted as preferential and Rs. 1,46,297/ - as unsecured ordinary claim and the. Official Liquidator has rejected the claim of Rs. 94,043/ -. This order of rejection has been challenged in this application. This Court has condoned the delay in filing the application by order dated 01.12.2011. Heard Smt. H. Mangalamba Rao, learned Counsel for the applicant and Sri V. Jayaram, learned Counsel for the respondent - Official Liquidator.

(2.) LEARNED Counsel for the Official Liquidator submits that the applicant is not a workman coming with the preview of the definition of the Industrial Disputes Act and hence. he submits that he is not entitled for the claim. It is seen that the Official Liquidator has not given any reason for the rejection of the claim of Rs. 94,043/ - made by the applicant. However, the submissions made by the learned Counsel for the Official Liquidator are not made out in the order, Hence, the order rejecting the claim is set aside and the matter is remitted back to the Official Liquidator with a direction to consider the claim of the applicant in so far as rejection of the amount is concerned and to dispose of the matter in accordance with law. Accordingly, the application is disposed of.