OFFICIAL LIQUIDATOR Vs. GOLCHA PROPERTIES P LTD

JUDGEMENT

(1.) IN S. B. Company Petition No. 15 of 1979 under Sec. 392 of the Companies Act, 1956, an order was passed on 19th October, 1979. The Official Liquidator feeling aggrieved sought permission of this Court to file an appeal against this order; The application for seeking permission was submitted on 25th October, 1979. The question of granting permission came up before the court for consideration on 31st October, 1979. The office submitted this application for consideration on 29th October, 1979 before this court. Before this petition dated 25th October, 1979, could be considered the Official Liquidator had already filed an appeal against the order of this Court dated 19th October, 1979. The permission which was sought was ex-post-facto permission. The Official Liquidator did not obtain sanction from this court prior to the filing of the appeal.

(2.) ON 31st October, 1979, four points were framed for consideration : - (a) Whether the Official Liquidator is competent to file an appeal against the orders of the Court ? (b) Whether any action can be instituted or an appeal can be filed before obtaining permission of the Court ? (c) Whether any post-facto sanction can be granted when the appeal has already been filed ? (d) Whether before granting sanction to file an appeal the other parties are also to be heard in the peculiar circumstances of the case ?

(3.) ON behalf of M/s. Golcha Properties (P) Ltd. , a preliminary objection has been taken. It has been contended that the appeal was filed without obtaining prior permission and sanction from the court. It has been further contended that the authority of the Official Liquidator had come to an end except for the purpose of distribution of the outstanding claims of the creditors and recovery of his costs, charges and expenditures as may be determined by the Court. In support of this contention, reliance was placed upon the scheme as sanctioned on 15th December, 1975 in S. B. Company Petition No. 3 of 1971. Reliance was placed on clause 12 of scheme which reads as under : - "the above scheme becomes operative. Winding up order of the High Court of Rajasthan, Jaipur shall be vacated and the authority of the Official Liquidator shall also cease to function except for purposes of disbursements as contemplated in clause (i) above and further upon discharge of the Official Liquidator as stated in Clause IV above, the management of the business including the entire assets, movable and immovable, of the company, shall be handed over to the former Directors immediately. "