V MANOHARAN Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) CHALLENGE is made to an order of the second respondent in Proceedings No. 182/2001/b1 dated 26. 07. 2004 and forbear the respondents from taking any action against the petitioner for recovery of gratuity liability in respect of Ramakrishna Industries Private Limited, Coimbatore.

(2.) THE affidavit filed in support of the writ petition is perused and the Court heard the learned counsel on either side.

(3.) ADMITTEDLY, M/s. Ramakrishna Industries Private Limited, Coimbatore, was started during the year 1946 by two brothers, viz. , R. Venkatasamy Naidu, the petitioner's father and P. R. Ramakrishnan. Due to difference of opinion between the two Directors, a Company Petition came to be filed before this Court in C. P. No. 30 of 1981 and the Official Liquidator has been appointed as Provisional Liquidator in charge of the affairs of the company. While the matters stood thus, a memorandum of undertaking has been entered between the Directors of the Company on 31. 03. 1995, whereby the liability was fixed at Rs. 72,93,149/- and following the same, a proceeding was initiated by the 2nd respondent, which is under challenge before this Court.