IN RE: VARIOUS COMPANIES (IN LIQN ) Vs. STATE

JUDGEMENT

(1.) Heard Counsel for the parties.

(2.) Preliminary objection is taken by the Counsel representing the employees (in all 57) working in the Office of the Official Liquidator as Company Paid Staff. According to Mr. Kumbhakoni, the direction prayed in the report of the Official Liquidator dated 7th January 2009 cannot be considered, much less, granted, as it would be in excess of the scope for exercising review jurisdiction.

(3.) The argument though attractive at the first blush, overlooks the basic distinction that the present proceedings are essentially governed by the provisions of the Companies Act r/w Company Court Rules. The inhibition regulating review jurisdiction specified in Order 47 of the Code of Civil Procedure will have no bearing on the present proceedings. Significantly, the order of which clarification is sought by the Official Liquidator was passed in Chambers on the report presented before the Company Judge. The concerned employees were not heard at all.