Liquidator Petrofils ... vs Rashtriya Mazdoor Union
2021 Latest Caselaw 3659 Guj

              C/LPA/2704/2010                            IA ORDER




                 IN THEHIGHCOURTOF GUJARATAT AHMEDABAD


              MISC.CIVILAPPLICATION(FORRECALL) NO. 2 of 2020
                                    In
                  R/LETTERSPATENTAPPEALNO. 2704of 2010
                                   In
                 R/SPECIALCIVILAPPLICATIONNO. 1855of 2001
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RASHTRIYA MAZDOOR UNION Versus LIQUIDATOR PETROFILS COOPERATIVE LIMITED ============================================================================== Appearance:

MRRAJESHP MANKADfor the PETITIONER(s)No. SERVEDBY RPAD (N) for the RESPONDENT(s)No. ==============================================================================

CORAM: HONOURABLE MS. JUSTICE SONIA GOKANI and HONOURABLE MS. JUSTICE GITA GOPI

Date: 02/03/2021

IA ORDER ( PER: HONOURABLE MS. JUSTICE SONIA GOKANI)

1. The following is the order passed by this Court, which deserves reproduction:-

"1. The applicant, who is the original petitioner in Special Civil Application No. 1855 of 2001 and respondent in Letters Patent Appeal No.2704 of 2010, is before this Court, seeking following prayers:

"4. ...

(A) Hon'ble Court be pleased to allow present MCA and further be pleased to direct revival of Misc. Civil Application (For Recall) No. 1 of 2020 in R/Letters Patent Appeal No. 2704 of 2010 in R/Special Civil Application No.

C/LPA/2704/2010 IA ORDER

1855 of 2001 in the interest of justice with further direction o the registry of this Hon'ble Court to place file-proceedings of Misc. Civil Application (For Recall) No. 1 of 2020 in R/Letters Patent Appeal No. 2704 of 2010 in R/Special Civil Application No. 1855 of 2001 consideration and direction on merit.

(B) Hon'ble Court be pleased to entertain and allow the present application and further be pleased to hold and declare that the respondent Official Liquidator by not acting in compliance and in conformity with the direction contained in oral judgment dated 25-3-2013 in Letters Patent Appeal No. 2703 of 2010 and 1704 of 2010 has lost right to perusing the proceedings of Special Civil Application No.3105 of 2002 and in such a circumstance direction issued by learned single Judge vide order dated 10.08.2020 in Special Civil Application No. 1855 of 2001 needs to be restored, be pleased to recall the direction of setting aside oral order dated 10-8-2010 in SCA 1855 of 2001 and further be pleased to direct respondent Official Liquidator to immediately disburse the amount by an account payee cheque in favour of the concerned workman listed at ANNEXURE-C towards their claim in accordance with the award and Hon'ble Court will be further pleased to direct the Official Liquidator to make above payment with interest at commercial rate since the learned Liquidator ha intentionally delayed the proceedings and acted in hostile discrimination while dealing with the workers' claim.

(C) During the pendency and final disposal of the present application Hon'ble Court will be pleased to direct the Official Liquidator to place on record of the present proceedings the details of claim received, admitted, funds received and or realised and available funds for disbursement with in time bound schedule and place the compliance report on the record of the present proceedings within time bound schedule.

(D) Hon'ble Court be pleased to award the costs of the present Application.

(E)     ..."






                  C/LPA/2704/2010                       IA ORDER

2. We have heard the learned Advocate, Mr. Mankad, for the applicant, who has drawn our attention to the order passed by this Court in Misc. Civil Application No. 1 of 2020, Dated: 21.03.2020, where, the applicant was permitted, in the event of non-reply on the part of the Official Liquidator or the grievance of the workmen not being satisfied, the possibility of revival can be ventured. He, further, drew our attention to the communication dated 19.06.2020 from OL, which came to be replied, on 04.08.2020, by the applicant.

3. Notice, returnable on 26TH FEBRUARY, 2021. Learned APP waives service of notice for the respondent-State.

4. Direct service through EMAIL or RPAD or SPEED POST to the private respondents is permitted."

2. We made a request to learned Central Government Standing Counsel Mr. Deep Vyas to represent the Official Liquidator, who, according to the applicant, has not complied with the directions issued by this Court. Mr. Vyas to obtain necessary instructions and to file reply in the matter at the earliest.

3. List on 10.03.2021.

( SONIA GOKANI,J )

( GITA GOPI, J )

PRAVIN KARUNAN