Board For Industrial & Financial ... vs M/S Willard Storage Batteries ...
2012 Latest Caselaw 1300 ALL

Citation : 2012 Latest Caselaw 1300 ALL
Judgement Date : 3 May, 2012

Allahabad High Court

Board For Industrial & Financial ... vs M/S Willard Storage Batteries ... on 3 May, 2012

Bench: Pankaj Mithal




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- MISC. COMPANY APPLICATION No. - 7 of 2000
 

 
Petitioner :- Board For Industrial & Financial Reconstruction,New Delhi
 
Respondent :- M/S Willard Storage Batteries Ltd.
 
Petitioner Counsel :- O.L. B.K.L. Srivastava,A.K. Gupta,Amit Saxena,Rakesh Misra,Tarun Johri,Y.K. Misra
 
Respondent Counsel :- Vikram Nath,Anil Kumar Singh,Anurag Khanna,Aradhna Chauhan,Ashok Bhatnagar,Ayub Khan,B.K. Birla,D.C. Srivastava,M.K. Gupta,N. Pandey,Neeraj Pandey,O.P. Mishra,Pankaj Bhatia,Pushkar Mehrotra,S.R. Yadav,Shambhu.Chopra,Sohan Lal Yadav,Sumati Rani Gupta,Vipin Sinha,Vivek Chaudhary,Vivek Srivastava,Yashwant Verma
 

 
Hon'ble Pankaj Mithal,J.

Heard Sri H.P. Misra, learned counsel holding brief for Mr N.K. Chaturvedi.

Mr Misra's submission is that pursuant to the invitation to submit claims, the applicant could not submit his claim in the prescribed proforma within the time as he had no knowledge that the claims have been invited. He came to know about it only in the month of January, 2012.

Sri Anjani Misra, learned counsel appearing for the official liquidator informs that the claims raised have been adjudicated, but against some of them appeals are pending; therefore, final payment has not been made. In view of the above, official liquidator is yet to settle the claims and make the payments. The applicant claims himself to be a stock marketing officer of the company in liquidation. His claim is for arrears of salary.

In view of the above, I am of the opinion that ends of justice would be served if the applicant's claim is also considered by the officiaol liquidator.

Accordingly, the application is allowed. Official liquidator is directed to consider the claim of the applicant if submitted within 2 weeks from today in the prescribed form.

The application nos. 49823 of 2012 and 49826 of 2012 are disposed of.

Order Date :- 3.5.2012

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