KRANTIKARI KAMGAR UNION Vs. KUSUM JINPPA PUJARI

JUDGEMENT

(1.) This application is preferred seeking direction to the Official Liquidator of Zadona Electronics Ltd. ( in liquidation ) to comply with the directions contained in the order dtd. 9/2/2016 passed by this Court in Official Liquidator's Report No.274 of 2015 in the matter of distribution of dividend to workmen.

(2.) Background facts necessary for determination of this application can be summerized as under :

(3.) Respondent No.2 Bank resisted the application by filing an Affidavit in Reply. After narrating the sequence of events leading to the deposit of a sum of Rs.50,42,255.00 with the Official Liquidator on 6/3/2019, the Respondent No.2 contends that it had repeatedly pursued the matter with the Official Liquidator to comply with the directions in the order dtd. 9/2/2016. The Official Liquidator has yet not recovered the sum of Rs.50,42,255.00 erroneously paid to 12 employees. Nor the amount of Rs.50,42,255.00 has been distributed by the Official Liquidator. Respondent No.2 asserts that, instead the Official Liquidator has been calling upon the Bank to pay various sums despite clear directions by the Division Bench in Appeal No.333 of 2018 that the bank is required to pay only the shortfall arising out of the erroneous payment of Rs.50,42,255.00. Various demands made by the Official Liquidator are clearly untenable.