S.S. SANTHOSH KUMAR vs THE MANDYA NATIONAL PAPER MILLS LTD

ORDER ON I.A.No.1/2016

Heard the learned Counsel for the appellant/applicant and the learned Standing Counsel for Official Liquidator. There is a delay of 625 days in

filing applications in both the appeals for recalling and modifying orders dated 30.01.2014. The delay in filing these recalling applications is not

seriously opposed by the learned Standing Counsel for the Official Liquidator.

In the circumstances, delay in filing recalling applications in both the appeals is condoned. I.As.No.1/2016 filed in both the appeals are allowed

accordingly.

ORDER ON I.A.No.1/2015

In both the appeals, the appellant, S.S.Santhosh Kumar has filed I.A.No.1/2015 with a prayer to recall and modify paragraph No.4 of common

order dated 30.01.2014 passed in these appeals.

We have heard Sri Prakash K.A., learned Counsel for the appellant/applicant and Smt.Lakshmy Iyengar, learned Standing Counsel for the

respondent-Official Liquidator.

Paragraph No.4 of the order dated 30.01.2014 reads as follows:

In view of the impugned order dated 1st March 2013, Mr.K.S.Mahadevan, learned counsel appearing for the Official Liquidator submits that,

so far, the applicants have not approached the Official Liquidator for price fixation of the quarters in their occupation.

Both Sri Prakash and Smt.Lakshmy Iyengar jointly submitted that the appellant/applicant had indeed approached the Official Liquidator for

fixation of prices of the quarters in their occupation. However, it has been recorded in the above extracted paragraph No.4 that the appellant had

not approached the official liquidator. Accordingly, they pray that the text of the order in the said paragraph may suitably be modified.

It is to be noted that notwithstanding the contents of paragraph No.4, this Court did direct the appellant/applicant to appear before the Official

Liquidator on 03.02.2014 at 11.30 A.M. and the Official Liquidator was directed to complete the exercise as indicated in the order dated

01.03.2013 within an outer limit of three weeks therefrom.

However, in the facts and circumstances of the case, we feel that justice would be sub served by placing on record the joint submission made by

the learned Counsel for the parties and to issue necessary directions to the Official Liquidator. Hence, the following order:

a) the joint submission made by the learned Counsel for the appellant/applicant and the Official Liquidator that the appellant/applicant did in fact

approach the Official Liquidator is placed on record;

b) the appellant/applicant shall be at liberty to approach the Official Liquidator and submit his fresh proposal within a period of three weeks from

today which may be placed before the Hon''ble Company Judge for disposal in accordance with law.

c) we make it clear that we have not examined legality or correctness of the order passed by the Hon''ble Single Judge on merits.

d) I.A.No.1/2015 is accordingly disposed of.