LAWS(DLH)-2013-5-536

IN RE: INTERNATIONAL CERAMICS LTD. Vs. STATE

Decided On May 30, 2013
In Re: International Ceramics Ltd. Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) This is an application by the Official Liquidator ('OL') for a direction to Keshav Security Services (P) Limited ('KSSPL') to deposit an amount of Rs. 99,15,440 with the OL towards missing items as valued by M/s. Chadha & Associates.

(2.) The background to the application is that International Ceramics Limited ('ICL'), was ordered to be wound up by this Court on 8th March 2001 and the OL was appointed as its Provisional Liquidator ('PL'). ICL was finally wound up an order dated 17th September 2004. The OL was appointed as its Liquidator. KSSPL filed Company Application No. 1334 of 2008 for payment of its bills for providing security services at the factory premises of ICL situated at 25 KM, Rohtak, Jind Road, Haryana for a period of five years, i.e., from August 2003 to August 2008. In the said application, the Court passed the following order on 27th August 2009:

(3.) Consequent upon the above order, the OL addressed a letter to KSSPL on 6th October 2009 enquiring about the missing items from the aforementioned factory site. In response thereto, KSSPL informed the OL by its letter dated 17th November 2009 that upon deputing their persons alongwith photographer to visit and verify the position regarding existing plants, machineries and equipments at the factory premises, it was found that the equipments, plants and machineries stated to be missing from the site in the Minutes dated 16th September 2009 were very much existing and available. The photographs of the visit by the KSSPL security persons to the site were also enclosed with the letter.