V P MAINRA Vs. DAWSONS LEASING LIMITED

JUDGEMENT

(1.) In CP No.323/99 filed by Dr.V.P.Mainra (petitioner) against M/s Dawson Leasing Limited, Provisional Liquidator was appointed on 9th November, 2000 and the petition was admitted to hearing. The Provisional Liquidator was also asked to take in his possession the assets, records and books of accounts of the respondent company (hereinafter referred to as `the company') He has taken charge of the liquidation affairs of the company since then, although final winding up orders have not been passed in this case. It may be mentioned that statement of ex-Directors is recorded under Rule 130 of the Companies (Court) Rules, 1959. They have also filed the statement of affairs. Since there are certain deficiencies therein, ex- Directors are called upon to remove those deficiencies.

(2.) While that is the present status of the winding up proceedings, these CAs are filed which primarily relate to transfer of certain cases and execution proceedings pending before the Consumer Disputes Redressal Forum, Ghaziabad and New Delhi under the Consumer Protection Act, 1986 to this court. All these applications are filed by ex-Directors of the company (in provisional liquidation). Details of these proceedings may be noted at this stage. CA Nos. 72 & 73/2003

(3.) Two persons, namely, Smt.Saroj Jain and Mr.Raj Kumar Jain had filed Case No.3164/2000 titled Saroj Jain and Anr. Vs.M/s Dawsons Leasing & Finance Co.Ltd.before the District Consumer Disputes Redressal Forum-II, New Delhi. Claim of these two persons was that they were poor investors who had invested in the fixed deposit scheme of the company and were not paid even a single penny on maturity of said deposits. The claim was, therefore, for refund of these deposits with interest. This claim was allowed by the District Consumer Disputes Redressal Forum vide ex-parte order dated 10th July, 2001. Thereafter these complainants filed execution of the order dated 10th July, 2001 being Execution application No.2737/2001 which is pending before the District Forum-II. As the amount is not paid, the District Consumer Disputes Forum has issued non-bailable warrants for the arrest of Managing Director Mr.Mukesh Hans.