OFFICIAL LIQUIDATOR Vs. NARMADABEN T MAKWANA

JUDGEMENT

(1.) Heard learned Advocate Ms.P. J. Davawala appearing on behalf of the applicant i.e. Official Liquidator of M/s. Ahmedabad Manufacturing and Calico Printing Company Limited, Company in liquidation and learned Advocate Mr.Aakash Modi appearing on behalf of the respondent Workmen.

(2.) It appears that the respondents, who were all employed by the Company in liquidation had preferred an application being Company Application No.38 of 2021 and allied matters before this Court inter alia submitting that the applicants - respondents herein are entitled to their dues payable by the Official Liquidator on behalf of the Company in liquidation and whereas, vide order dtd. 8/12/2021, a learned Coordinate Bench of this Court had been pleased to permit the applicants to withdraw the said Company Applications to file appropriate applications before the OL, requesting the OL to re-verify the claims of the applicants in each of the applications. It appears that pursuant to the said order, the applicants - respondents herein had submitted applications for re-verification of the claims with the OL and whereas it appears that the OL had forwarded the claims of the respondents herein to be verified by the Chartered Accountants, M/s.Amal Datt & Associates. It further appears that the Chartered Accountants had submitted their Final Report to the OL on 16/1/2023 and whereas the claims of the respondents were divided into two parts; Part-A was with regard to revision of original claims and Part-B was with regard to additional claims. A perusal of the said report reveals that the Chartered Accountants had verified the claims and had inter alia come to a conclusion that the respondents herein would be entitled to additional amounts as mentioned in their respective Report dtd. 16/1/2023. As far as the additional claims were concerned, while the same has been verified and quantified, it was submitted by the Chartered Accounts that they would not be able to provide any opinion as regards the additional claims, more particularly in absence of any specific permission by this Court in that regard.

(3.) Learned Advocate Ms.Davawala would submit that as far as the Final Report of the Chartered Accountants is concerned, while the applicants - respondents herein have received certain amounts under Sec. 529A of the Companies Act, 1956 and whereas as per the Report as regards the revision of original claims i.e. Part-A, OL would not have any objection, if the amounts as recommended by the Chartered Accountants are permitted to be disbursed in favour of the workmen concerned.