EASTEND PAPERS INDUSTRIES LTD Vs. STATE

JUDGEMENT

(1.) This is an appeal under Rule 164 of the Companies (Court) Rules, 1959. It is preferred by the Regional Provident Fund Commissioner. The provident fund authorities are aggrieved by a determination made by the official liquidator on 10th August, 2010 allowing their provident fund claim for Rs. 3,99,149-95P only. They are also aggrieved by the rejection of the balance claim amounting to Rs. 11,07,922-17P (at page 19 of the paper book). The reason advanced by the official liquidator's office for such rejection is this:

(2.) Mr. Prasad refers to a letter dated 12th April, 2010 at page 34 of the paper book. By that letter the provident fund authorities forwarded some documents which included section 7A orders to the official liquidator. He says that despite forwarding of this order an erroneous recording was made in the determination made by the office of the official liquidator that these orders were not available. Mr. Rajiv Lal, learned Advocate, appearing for the official liquidator submits that these section 7A orders and other documents furnished by the provident fund authorities established the claim for Rs. 3,99,149-95P only and were not proof for the rejected claim.

(3.) In my opinion, the reasons furnished by the office of the official liquidator do not indicate that the said documents furnished by the provident fund authorities related to the claim of Rs. 4 lakh and odd only. That reason should have been forthcoming.