MAHAVEER GHANTAKARAN ENTERPRISES Vs. SHARAD PANDITRAV VANI

JUDGEMENT

(1.) Heard learned counsel Shri Apurva Vakil for the applicant, Shri Yagnik for opponents no.1 to 10 appearing on the advance copy of this application being served upon him and Shri P.C. Kavina for respondent no.11 - Official Liquidator appearing on the advance copy of this application being served upon him.

(2.) Mr. Vakil tenders his sincere apology for annexing copy of the order dated 24th August, 2004 passed in Civil Application No.88 of 2004 instead of the order passed in O.J. Appeal No.39 of 2004 as Annexure "6" and prayed that he may be allowed to substitute Annexure "6" by supplying copy of the order dated 24th August, 2004 passed in O.J. Appeal No.39 of 2004. Oral prayer made by Mr. Vakil is granted. Accordingly, Annexure "6" be substituted.

(3.) Company Application No.184 of 2004 filed in Company Petition No.157 of 1995 by applicants Sharad Panditrav Vani and nine other workmen of Ahmedabad Manufacturing and Calico Printing Mills Company Limited and Company Application No.217 of 2004 filed by Mahaveer Ghantakaran Enterprises (present applicant) came to be disposed of by the learned Company Judge (K.A. Puj, J.) by his order dated 4th August, 2004, whereby the learned Company Judge vacated the order of stay granted earlier in favour of the applicants - workmen and the Official Liquidator (O.L.) was directed to immediately take possession of the quarters, from the applicants workmen, in which they were staying. He (O.L.) was further directed to take necessary help of the Police Commissioner as well as Municipal Commissioner for removing them from their quarters and taking possession of the quarters from them. Both the Commissioner of Ahmedabad Municipal Corporation and Police Commissioner were directed to depute their personnels to take the possession of the staff quarters of the applicants workmen. A copy of the said order was also ordered to be served on the Police Commissioner of Ahmedabad as well as Municipal Commissioner for rendering necessary help and assistance to the Official Liquidator for compliance of the order. The secured creditors were also directed to depute their respective persons at the time when the operation of removal of the unauthorised occupants were to be undertaken by the O.L. By that order, the learned Company Judge also ordered that for their retirement dues, the applicants - workmen will have to lodge their claim before the Official Liquidator, if it was not lodged so far. After ascertaining their claims with the claims of the secured creditors and others, O.L. was directed to seek permission for appropriate directions for disbursement of the amount realised on the sale of the assets of the company in liquidation, but that would not entitle the workmen to retain the possession of their quarters. Then, the learned Company Judge proceeded to pass order on Company Application No.217 of 2004 filed by the applicant - Mahaveer Ghantakaran Enterprises (present applicant) and issued necessary directions by stating that "..... Since the court has passed the order today in Company Application No.184 of 2004 wherein the Official Liquidator is directed to get the possession of staff quarters back from the applicants, the possession thereof should be handed over to the present applicant on or before 31st August, 2004 ....."