OMPRAKASH MADANLAL PANDYA Vs. VALLABH GLASS WORKS LTD

JUDGEMENT

(1.) The present Chamber Summons has been taken out for the order and direction against defendant No. 4 to give inspection of the complete papers, records and proceedings in the aforesaid suit. The suit has been filed by the plaintiff against respondent No. 1 company. The said respondent No. 1 company has since gone into liquidation and Official liquidator has been appointed in winding up proceedings under section 434 of the Companies Act by the High Court of Gujarat at Ahmedabad.

(2.) The present suit has been filed inter alia for the recovery of sum of Rs. 1,53,190/- being amount due and payable by the company to the plaintiff. Plaintiff claims that he was an employee of defendant No. 1 company from 1.10. 69 at the monthly salary of Rs. 1500/ -. According to the plaintiff, company is liable to make payment towards the salary from 1-10-76 to 31-9-79 and various increments, Privilege Leave, Provident Fund Contribution, Leave Travel allowance and bonus, totalling to an amount of Rs. 1,53,190/ -. After the suit is filed the said respondent No. 1 company has gone in liquidation. In the high Court of Gujarat at Ahmedabad, Company petition was filed against respondent No. 1 company being Company Petition No. 157 of 2000. In the said petition Gujarat High Court has passed an order dt. 10-03-03 of winding up against respondent No. 1 company and Official Liquidator is appointed to complete winding up formalities. In view of the order of winding up and the appointment of Official Liquidator the plaintiff took out chamber summons being Chamber Summons No. 1188 of 2003 and by an order passed by this court (S. Radhakrishnan, J. ) on 18-9-03 Official Liquidator was permitted to be impleaded as a party defendant to the present suit. Accordingly the plaintiff has impleaded Official Liquidator as a party defendant No. 4 in the present suit.

(3.) The present chamber summons has now been taken out by the applicant claiming various reliefs against defendant No. 4 for giving inspection of papers and records and proceedings in the present suit and certified copies of all papers, records and proceedings in the aforesaid matter. It has been contended that the Official Liquidator is in knowledge of the present suit as well as orders passed herein. It has been contended that on 29-5-04 when the plaintiff went to meet Official Liquidator High Court of Gujarat at Ahmedabad and apprised to him about advertisement dt. 4-5-03 for auction sale of immovable property by the Official Liquidator and has explained to the Liquidator that the properties are attached by order dt. 17-8-01, Official Liquidator High Court gujarat at Ahmedabad paid no attention and therefore the present chamber summons has been taken out by the plaintiff.