AI Structured Summary
Not yet generated for this judgment
Judgment
S.R. Brahmbhatt, J.—Leave to join Official Liquidator as party Respondent no. 4.
Rule. Ms. Manisha Narsinghani, learned AGP waives service of notice of Rule on behalf of Respondent No. 1, 2 and Official Liquidator, Dhrangandra Taluka-Shri D.D. Mori is present in the Court today. Rule is fixed forthwith at the request of learned advocates for the parties.
The Petitioner applicant in Recovery Application No. 112 of 2005 pending before the concerned Labour Court has approached this Court challenging the order passed by Respondent No. 1 turning down his application for joining Official Liquidator of Respondent No. Society as during pendency of the litigation, the Society has gone into liquidation. The Official Liquidator is present in the Court and he has been represented by learned AGP. The order impugned is based upon misconception with regard to Official Liquidator''s responsibility in deciding the priority in case of fine concept of law with regard to Official Liquidator, which has in the case of the society is lost sight by the Respondent, as today when the application for Official Liquidator is made, it is not in any way amounting to curbing or restraining the liquidator''s power and jurisdiction u/s 110of the Cooperative Society Act. In fact on the strength thereof he may put up his case resisting the claim of the workman on all grounds available to him including the grounds that may be available u/s 110 of the Cooperative Society Act also. In view of this, as on date, the application for joining the Official Liquidator as party Respondent ought to have been allowed.
Ms. Manisha Narsinghani, learned AGP could not controvert this proposition of law.
In view of this, I am of the view that order impugned in this petition dated 12.3.2010 is required to be quashed and set aside and the Official Liquidator is permitted to join as a party Respondent in the recovery proceedings with a liberty to Official Liquidator to take out all the available grounds for defending the stand of the Society in the said proceedings.
With this observation, petition is partly allowed. Rule is made absolute to the aforesaid extent. No costs.