KOSHIKA TELECOM LTD Vs. SHALINI SONI

JUDGEMENT

(1.) The official liquidator had filed this contempt petition against respondent-contemnor Ms. Shalini Soni, who is the Assistant General Manager (Law) of IFCI Ltd., for non-compliance of the order dated 08.10.2009 passed by this Court in Company Petition No. 75 of 2002. The relevant facts leading to the filing of this contempt petition may first be noticed. This Court had ordered winding up of M/s. Koshika Telecom Ltd.(hereinafter to be referred as "the Company in liquidation") vide order dated 02.08.2005 in Company Petition No. 75 of 2002 and the official liquidator was directed to take charge of all the assets etc. of the said Company. It appears that before some of the assets of the Company in liquidation had been sold in auction in some proceedings initiated by the respondent-contemnor IFCI Ltd., a creditor of the Company in liquidation, by the Debts Recovery Tribunal-I, Delhi and part of the sale proceeds amounting to twelve crores of rupees came to be deposited with IFCI Ltd. (instead of the Recovery Officer attached to the Debts Recovery Tribunal) and process was on for sale of more assets of the Company under liquidation. The official liquidator filed a report no. 281/2009 before this Court on 06.10.2009 in which some directions were sought from the Court and one of the directions, which only is relevant for the present purpose, was as under:-

(2.) On 8.10.2009, this Court passed the following order in respect of aforesaid direction no.(iii) sought for by the official liquidator:-

(3.) After the aforesaid direction was given to IFCI Ltd. by this Court the official liquidator had a meeting on 26.10.2009 with the respondent Ms. Shalini Soni, who was pursuing the case on behalf of IFCI Ltd., being its senior Law Manager, for the recovery of its money from the Company in liquidation before the Debts Recovery Tribunal and in that meeting she was apprised of the direction given by this Court to IFCI Ltd. in the Company Petition no.75 of 2002 for remitting to the official liquidator the sale proceeds of the assets of the Company in liquidation which it was retaining. Photo copy of the minutes of that meeting has been annexed with this petition as a part of Annexure 'C'. As per the further averments made in this contempt petition, IFCI Ltd. did not remit the money to the official liquidator despite the fact That necessitated filing of this contempt petition by the official liquidator. The contempt petition was however filed against Ms. Shalini Soni only.