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Judgment
R.M. Chhaya, J.—By way of this Report, the Official Liquidator has prayed for the following relief(s):-
7A. This Hon''ble Court may be pleased to direct the respondent no. 2 and 3 to handover possession of the corporate office of the company situated at 3rd floor, Neelmani Chambers, Near Dinesh Hall, Ashram Road, Ahmedabad to the Official Liquidator forthwith.
B. This Hon''ble Court may be pleased to direct the Vijya Bank, respondent no. 1 to handover possession of registered office and all the assets and properties of the company at its factory situated at 83, Dhanot, National Highway No. 8, Tal. Kalol, Dist. Gandhinagar to the Official Liquidator forthwith.
C. This Hon''ble Court may be pleased to direct the respondent no. 1 to place on records of this Hon''ble Court the following information and details:-
i. The complete details of the properties of the company in possession of Vijaya Bank.
ii. Date of taking over possession of the properties of the company by the Vijaya bank.
iii. Complete details of all the properties of the company as on the date of commencement of winding up i.e. on 30.01.2002.
iv. Details of any sale, disposal or disposition of the assets of the company after the date of commencement of winding up.
v. Details of realization/sale proceeds of sale of assets of the company after the date of commencement of winding up and application of realizations/sale proceeds.
It may be noted that the Report came to be amended vide order dated 24.11.2011, which reads as under:-
1) That, the Official Liquidator most respectfully submits that the Official Liquidator has not received any claim fro workers or creditors of the Company till date despite of advertisement published in the Official Liquidator on 16.12.2011 in daily newspaper namely DNA (English Daily) and Divya Bhaskar (Gujarati Daily) both in Ahmedabad editions for inviting claims from the worker and creditors of the Company.
2) That, the Official Liquidator further most respectfully submits that the Official Liquidator has received bill of Rs. 35,232/- dated 16.12.2011 from M/s. Navnitlal & Co. Advertisement Agency. A copy of the bill of Rs. 35,232/- dated 06.12.2011 from Ms. Navnitlal & Co. Advertisement Agency is annexed hereto and marked as Annexure: "A".
3) That, the Official Liquidator further most respectfully submits that the Official Liquidator having no funds in the Company A/c. Therefore, respondent No. 1 i.e. Vijaya Bank may be directed to deposit the advertisement expenses in the office of the official liquidator.
4) In view of the above facts and circumstances, the Official Liquidator most respectfully seeks orders and directions from this Hon''ble High Court as under:-
a) That, this Hon''ble Court may be pleased to direct the respondent No. 1 i.e. Vijaya Bank to deposit an amount of Rs. 35,232/- towards advertisement expenses for inviting claim from the creditors and workers of the Company.
b) * * *
Mr. J.S. Yadav, learned counsel for the Official Liquidator has submitted that as far as Prayer-7(A) is concerned, it relates to the possession of the corporate office of the Company situated at 3rd Floor, Neelmani Chambers, Near Dinesh Hall, Ashram Road, Ahmedabad. It is found that the said property was not the property of Company (in Liquidation) and therefore, the said prayer would not survive. He further points out that as far as Prayer-7(B) and (C) are concerned, it has come on record that respondent No. 1-Vijaya Bank as a Secured Creditor has disposed of the said property, which is described in Paragraph No. 7(B) of the Report under the provisions of SARFAESI Act, 2002. He further submitted that in pursuant to the order passed by this Court, the Official Liquidator invited the claims, however, no claims have been received either u/s 529(A) or Section 530 of the Companies Act, 1956 at this stage. As far as the claims under Sections 529(A) and 530 of the Companies Act, 1956 is concerned, though the same is not pressed qua the property in question, which is enumerated in Prayer-7 (A) and (B) in the Report, as and when, such claim is received, the Official Liquidator shall take appropriate steps.
Mr. Yadav, further submitted that the official Liquidator has incurred expenses of Rs. 35,232/- giving advertisement for inviting claims from the Secured Creditors and workers under Sections 529 and 529(A) of the Companies Act, 1956. He further points out that at least respondent No. 1-Vijaya Bank as a Secured Creditor may be directed by this Court to deposit the said amount with the Office of the official Liquidator.
Mr. Uday. R. Bhatt, learned counsel for respondent No. 1-Vijaya Bank has submitted that as far as the property situated at 83, Dhanot, National Highway No. 8, Tal: Kalol, Dist: Gandhinagar is concerned, the same is already disposed of under the provisions of SARFAESI Act, 2002. He further objects to the contention raised by Mr. J.S. Yadav, learned counsel on behalf of the Official Liquidator and has submitted that Vijaya Bank is not only the Secured Creditor and GSIC is also a Secured Creditor. He further submitted that in fact respondent No. 1 Vijaya Bank has undertaken the proceedings under the SARFAESI Act, 2002 and therefore, the Official Liquidator again compelled respondent No. 1 Bank to pay the expenses to the tune of Rs. 35,232/- with the Office of the Official Liquidator, which has incurred for inviting claims by giving advertisement in the newspapers.
Mr. Padmraj Jadeja, learned counsel for respondent No. 3-Garron Trading Company Pvt. Ltd. has submitted that respondent No. 3 is in possession of the Corporate office of the Company situated at 3rd Floor, Neelmani Chambers, Near Dinesh Hall, Ashram Road, Ahmedabad, described in Prayer-7(A) of the Report. He has further submitted that in fact the said property does not belong to the Company (in Liquidation) and the same has been purchased from the owner of the property.
Considering the submissions made by learned counsel for the parties and more particularly Mr. J.S. Yadav, learned counsel for the Official Liquidator prayed in the Report, which is to be considered by this Court in the present Report is only relating to bill of Rs. 35,232/- raised by Ms. Navnitlal & Co.-Advertisement Agency and whether respondent No. 1 Bank should be directed to deposit the said amount.
It appears from the pleading that by order dated 24.11.2011 passed by this Court (Coram: Hon''ble Mr. Justice K.M. Thaker), the Official Liquidator has given advertisement in the newspapers. Considering the fact that respondent No. 1-Vijaya Bank is a Secured Creditor, this Court deem fit to direct respondent No. 1 to deposit an amount of Rs. 32,232/- with the Office of Official Liquidator latest by 31.03.2013 and on receipt of the same, the Official Liquidator is permitted to make payment to Ms. Navnitlal & Co.-Advertisement Agency, as prayed for in the Report dated 20.02.2013.
It is however made clear that, if any claim under Sections 529 and 529(A) is received by the Official Liquidator, it would be open for the Official Liquidator to take appropriate steps and, disposal of this Report shall not mean that the Official Liquidator cannot take any action in accordance with law, if any such claim is lodged. With these observations and clarifications, the Official Liquidator Report is disposed of.