Rare Asset Reconstruction ... vs Patel Manjubhai Prabhudas
2021 Latest Caselaw 9726 Guj

    C/SCA/6372/2018                           ORDER DATED: 28/07/2021




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CIVIL APPLICATION NO. 6372 of 2018
                                With
            R/SPECIAL CIVIL APPLICATION NO. 6387 of 2018
                                With
            R/SPECIAL CIVIL APPLICATION NO. 7013 of 2018
                                With
            R/SPECIAL CIVIL APPLICATION NO. 7014 of 2018

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            VAGHELA VISHNUBHAI LAXMANBHAI
                        Versus
SHREE BHAGWANDAS UPADHYAY AUTHORISED OFFICER AND CHIEF
                  MANAGER & 2 other(s)
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Appearance:
MR DJ BHATT(164) for the Petitioner(s) No. 1
MR BHARAT JANI(352) for the Respondent(s) No. 1
NOTICE SERVED BY DS(5) for the Respondent(s) No. 2

 CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA

                          Date : 28/07/2021

                           ORAL ORDER

[1] The present petitions have been filed with the following prayers:-

In Special Civil Application No.6372 of 2018:-

"11(B) May be please to modify the order dated 18.04.2018 passed by the authority under the payment of wages act, labour Court, Kalol of directing the respondent no.1 bank to give bank guarantee and there by be please to modify the same as attachment before judgment over the properties of the respondent no.2 company in the interest of justice.

In Special Civil Application No.6387 of 2018:-

"11(B) may be please to modify the order dated 18.04.2018 passed by the authority under the payment of wages act, labour court, kalol passed in payment of wages application No.7 of 2018 directing the respondent

C/SCA/6372/2018 ORDER DATED: 28/07/2021

no.1 - bank to give bank guarantee and thereby to modify the same as attachment before judgment over he properties of the respondent no.3 company.

In Special Civil Application No.7013 of 2018 :-

"7(B) May please be stayed the execution, implementation and operation of impugned order dated 31.03.2018 passed by the respondent no.3 below application Exh-13 in payment of wages application No.3 of 2018 and impugned order dated 18.04.2018 passed by the respondent no.3 below application below application in payment of Wages Application No.3 of 2018."

In Special Civil Application No.7014 of 2018:-

"7(B) May be pleased to stay the execution, implementation and operation of impugned order dated 12.04.2018 passed by the respondent no.4 below application in Payment of Wages Application No.7 of 2018 and impugned order dated 18.04.2018 passed by the respondent no.4 below application of Payment of Wages Application No.7 of 2018."

[2] At the outset, learned advocates for the respective parties have submitted that the Polo Ceramic Pvt. Ltd. has been ordered to be wound up. Learned advocates for both the parties have submitted that in light of the order dated 05.02.2020 passed in Company Petition No.70 of 2015, the respective parties may be relegated to file appropriate application to redress their grievance. In the order dated 05.02.2020 passed in Company Petition No.70 of 2015, the Court has ordered in Paragraph No.10 thus:

"10. Considering the aforesaid facts and circumstances, it would be just and proper to direct that the respondent company Polo Ceramic Private Limited be wound up. Accordingly, the respondent company Polo Ceramic Private limited is hereby ordered to be wound up. The Official

C/SCA/6372/2018 ORDER DATED: 28/07/2021

Liquidator attached to this Court is hereby appointed as Provisional Liquidator of the respondent company and the Provisional Liquidator is directed to take over possession of the entire assets of the respondent company I.e movable, immovable as well as Bank Account etc. The Provisional Liquidator is further directed to do the needful for winding up of the respondent company as provided under the Act. The petition is allowed accordingly.

[3] Learned advocate Ms.Mohini has submitted that there would be no question of bank guarantee in the impugned order since the Official Liquidator has to invite the claim from various parties and accordingly the present writ petitioners can also hesitate their grievance before the concerned Official Liquidator. It is submitted that in this view of the matter, observations made in the impugned order with regard to giving of bank guarantee would not survive.

[4] Thus, it is not disputed that for the Polo Ceramic Pvt. Ltd. Company after winding up proceeding the Official Liquidator is appointed. The entire dispute raised in the present petitions can be examined by the Liquidator. Hence, the parties to the present petitions are ordered to file appropriate applications to redress their grievance before him/her. If such application is filed, the same may be considered as per law. It is observed that the Official Liquidator shall decide the claimed workmen without being influenced by the final directions issued vide order dated 18.04.2018 seeking bank guarantee since it appears that such directions will not survive after the appointment of

C/SCA/6372/2018 ORDER DATED: 28/07/2021

Official Liquidator. It is not disputed that the bank has get not auctioned the property of company in question.

The present petitions stands disposed of with the aforesaid terms.

(A. S. SUPEHIA, J) NABILA