Madras High Court
P.Pushpa vs The Official Liquidator on 25 October, 2024
Author: S.S. Sundar
Bench: S.S. Sundar
O.S.A.No.203 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.10.2024
CORAM :
THE HONOURABLE MR. JUSTICE S.S. SUNDAR
AND
THE HONOURABLE DR. JUSTICE A.D. MARIA CLETE
O.S.A.No.203 of 2023
P.Pushpa ... Appellant
Vs.
The Official Liquidator
As a Liquidator of
M/s.Sree Uma Parameswari Mills Limited (in liquidation)
High Court, Madras,
Corporate Bhavan, 2nd Floor,
No.29, Rajaji Salai,
Chennai – 600 001. ... Respondent
Original Side Appeal filed under Order XXXVI Rule 1 of Original
Side Rules and Clause 15 of the Letters Patent against the order and decree
dated 06.01.2023 in Comp.Appln.No.437 of 2022 in Comp.Petn.No.207 of
2003 on the file of this Court.
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O.S.A.No.203 of 2023
For Appellant : Mr.R.Natarajan
for M/s.E.Maragada Sundari
For Respondent : The Official Liquidator
as a Liquidator of
M/s.Sree Uma Parameswari Mills
Limited (in liquidation)
High Court, Madras,
Corporate Bhavan, 2nd Floor,
No.29, Rajaji Salai,
Chennai – 600 001.
JUDGMENT
(Judgment was delivered by S.S. SUNDAR, J.)
This Original Side Appeal is directed against the order of the learned
Single Judge, dated 06.01.2023, in Comp.Appln.No.437 of 2022 in
Comp.Petn.No.207 of 2003, dismissing the application filed by the
appellant challenging the order of the respondent rejecting the claim of the
appellant.
2.The case of the appellant is that she was appointed in the year 1965
and posted at the Reeling Station as Machine Operator in the company
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under liquidation. It is further stated by the appellant that she resigned from
the company on 05.04.1995 and her resignation was also accepted by the
employer on the next day, i.e., 06.04.1995. After 13 years, the appellant
filed a claim petition before the Official Liquidator in Form-66 and the same
was rejected by order which is impugned in the original proceedings before
the learned Single Judge.
3.The question is whether any amount is due from the appellant's
employer. The appellant's claim appears to be towards terminal benefits.
However, there is no explanation for the long delay while making the claim
before the Official Liquidator. Since no documents were furnished to
substantiate the claim before the Official Liquidator, the Official Liquidator
was helpless and therefore, the claim could not be processed by the Official
Liquidator. Except the resignation letter submitted by the appellant, no
other document was available with the Official Liquidator. It is therefore,
the Official Liquidator rejected the claim of the appellant.
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4.The question is whether the rejection of appellant's claim by
Official Liquidator is for bona fide reasons. Even before this Court, the
learned counsel for the appellant is unable to produce any record, so that
this Court will also direct the Official Liquidator to consider. In the absence
of any explanation for the huge delay in making the claim, this Court finds
no merit in this Appeal.
5.An Official Liquidator is a person who is expected to protect the
interest of the estate of the company. Merely because the Official
Liquidator has no records to confirm the employment details of the
appellant, the company cannot be saddled by accepting every claim. This
Court has no reason to interfere with the order of the learned Single Judge
who has considered every document and every submission of the learned
counsel for the appellant while passing the impugned order.
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6.Therefore, for want of merits, this Original Side Appeal is
dismissed. No costs.
(S.S.S.R., J.) (A.D.M.C., J.)
25.10.2024
mkn
Internet : Yes
Index : Yes
Neutral Citation : Yes
To
The Official Liquidator
As a Liquidator of
M/s.Sree Uma Parameswari Mills Limited (in liquidation)
High Court, Madras,
Corporate Bhavan, 2nd Floor,
No.29, Rajaji Salai,
Chennai – 600 001.
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S.S. SUNDAR, J.
and
Dr.A.D. MARIA CLETE, J.
mkn
25.10.2024
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