ELECTRONICS LTD Vs. STATE

JUDGEMENT

(1.) THIS application has been filed on behalf of fifty -two persons who are ex -workmen/ex -officers of the Company praying that they be imp leaded as party to the liquidation proceedings and be heard therein. The application, which has been filed on 5.3.2001, has been moved through Shri Rakesh Tiku, Advocate. From a perusal of the file it is evident that all these persons have already been heard. Application is accordingly allowed. Fifty -two persons whose names are contained in Annexure 'A' shall be deemed to be the parties to the present proceedings. Keeping in view the stage at which the present petition is, filing of fresh Memo of Parties etc. is dismissed. C.M. 450/2001.

(2.) M /s. Electronics India (In Liquidation) was ordered to be wound -up in terms of Order dated 20.5.1998 passed by Anil Dev Singh, J.

(3.) C .A. 1218/2000 was thereafter filed by the Union Bank of India seeking orders for putting up for sale all the servant quarters occupied by the present applicants. The Official Liquidator reported on the next date of hearing, i.e. 6.9.2000 that it could not take over possession of these staff quarters as they were occupied by a section of the erstwhile employees. The following orders were passed on 4.12.2000 which are self -explanatory. Present: Mr. J. Lal with Ms. Y. Tarapore for the applicant Ms. Geeta Sharma for the O.L. Mr. D.P. Ojha, Deputy old in Person The prayer in this application is for recalling this Court's order dated 18th April,, 2000 and for directing sale of all the four properties mentioned in the present application. As per the reply filed by the O.L. two of the above mentioned four properties are in the possession of the O.L. They are the factory premises situated at 25, N.I.T. Faridabad and the property situated at plot No. B -3, Central Green, N.I.T., Faridabad. The remaining two properties i.e. 48 staff quarters at C -Block, Sundera Housing Colony, near N.I.T. Faridabad and 2 -F, Officers' flat admeasuring 923 sq. mtrs. Tikona Park are in the possession of the employees of the company in liquidation. On 6th September, 2000, learned counsel for the O.L. had submitted that only after evicting the employees and taking over possession of the properties, the O.L. could take steps for sale of the properties. Hence, by order dated 6th September, 2000, the old was directed to take urgent and immediate steps for getting the employees evicted and taking possession of the properties. However, it would appear that no such steps were taken by the O.L. Let the O.L. take effective steps for getting the employees evicted in accordance with law. The O.L. is authorised to seek police assistance, if necessary. Copy of the order be given dusty to the counsel for the O.L. Renotify on 7th March, 2001. Sd/ Cyriac Joseph, J.'