HINDUSTAN AERONAUTICS LIMITED Vs. ELBEE SERVICES LIMITED

JUDGEMENT

(1.) Heard learned Senior Counsel for the Complainant and the learned Counsel for the Official Liquidator, Mr. Shubhendu Bhattacharya. This is a claim alleging deficiency in services against the Opposite Party Carrier who is stated to have caused the loss of the goods booked by the Complainant to be transported by air from Gwalior to Bangalore.

(2.) The matter had proceeded ex-parte against the Opposite Party Company but it seems that the provisional appointment of the liquidator took place on 16/4/2004 arising out of winding-up proceedings in Company Petition No. 934 of 2001 instituted before the Bombay High Court. The Official Liquidator came to be appointed on 12/7/2007. Notices were therefore directed and sought to be served on the Official Liquidator in this case. However, no appearance was put up by the Official Liquidator through any counsel for a long time even though notices had been served way back in 2019 itself as is recorded in the order dtd. 15/4/2019.

(3.) It is thereafter the case was adjourned due to the intervention of the pandemic with service of notices on the Official Liquidator but no one appeared on the subsequent dates. This exercise of serving the Official Liquidator was repeated thereafter as well. There is a direction of the Apex Court to hear and decide the matter and in spite of repeated indulgences having been granted no synopsis or written arguments were filed and it is only on the last occasion on 21/9/2023 when the learned Counsel had appeared on behalf of the Official Liquidator that the case was directed to come up on 7/12/2023. Request was made on 7/12/2023 for taking up the matter today and Mr. Bhattacharya has finally appeared on behalf of the Opposite Party, Official Liquidator.