SWATANTRA VIR SINGH JUNEJA Vs. JAGDISH KUMAR GOEL

JUDGEMENT

(1.) Three family members of Sri Rajiv Goyal have bought once upon a time some Debentures issued by company then known as Ahmedabad Manufacturing and Calico Printing Company Limited. It is said that the Debentures became unencashable and the financial returns were refused, hence three Debenture holders namely Sri Jagdish Goyal, Smt. Dharmvati w/o. of Sri Rajiv Goyal and Sri Rajiv Goyal s/o Sri Jagdish Goyal went to the District Forum, Ghaziabad with complaints. It transpires that the District Forum has passed some orders relating to the claim whereafter execution proceedings may have also commenced.

(2.) Mr. Swatantra Vir Singh Juneja, appellant in the three cases is a Senior I. A. S. Officer having retired now. The case pleaded today in these appeals is that since the matter of Ahmedabad Manufacturing and Calico Printing Company Limited had gone to B. I. F. R. , the appellant Sri S. V. S. Juneja was appointed Special Director in exercise of the powers conferred by Sec.16 of Sick Industrial Companies (Special Provisions) Act, 1985 hereinafter referred to as Sick Companies Act. It is argued by Mr. Ajai Bhalla that Sri S. V. S. Juneja got apprehensive of some orders against him as the local police was noticed lurking around his house. It has been averred in paragraph 6 at page 10 of the paper book that in the above referred execution proceedings some warrants have been obtained in the name of the appellant Sri S. V. S. Juneja. It is on the strength of those warrants that, in compliance of the District Forum, Ghaziabad's order, the police was pursuing the matter.

(3.) There is challenge to the aforesaid action of the police on the ground that Sections 16 and 17 of the Sick Companies Act made special provisions for appointment of a Special Director under the orders of B. I. F. R. and also made protective provisions for action taken as Special Director so that such a Special Director is not put to any harassment subsequently. When these appeals were filed, notices were issued to the respondents. Notices were also sent to Ahmedabad Manufacturing and Calico Printing Company Limited who was arrayed as opposite party/respondent No.2 because the said Company stood arrayed as an opposite party in the complaint. By an order passed on the last date, the service on the complainants Sri Jagdish Kumar Goyel, Smt. Dharmvati and Sri Rajiv Goyal has been held sufficient. They have not put in appearance and the matter has gone against them ex parte. So far as company is concerned, notices have come back with an endorsement that the company is closed.