R.O.C vs M/S. Shield Shoe Co
2022 Latest Caselaw 3418 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                S.B. Company Petition No.12/1987

R.O.C.
                                                                  ----Petitioner
                                   Versus
M/s. Shield Shoe Co.
                                                                ----Respondent

For Petitioner(s) : Mr.Gaurav Sharma Saraswat, Adv. for Official Liquidator.

Mr.Ruvit Kumar, Official Liquidator. For Respondent(s) : Mr.Anant Kasliwal, Senior Counsel assisted by Mr.Shashank Kasliwal, Adv.

Mr.J.K. Singhi, Senior Counsel assisted by Mr.Ravindra Pal Singh, Adv.

HON'BLE MR. JUSTICE ASHOK KUMAR GAUR

Order

28/04/2022

Learned Senior Counsel Mr.Anant Kasliwal appearing for

the respondents has placed reliance on the certain judgments,

wherein, Rule 9 and Rule 280 of the Companies (Court) Rules,

1959 (hereafter 'the Rules of 1959') have been discussed by the

different High Courts.

Learned Senior Counsel for the respondents, on the

strength of said judgments, submitted that this Court under Rule 9

of the Rules of 1959 has inherent powers to pass an order for

payment to the legal representatives of original contributories in

absence of succession certificate.

Learned Senior Counsel for the respondents submitted

that in the present case, winding up order was passed, however,

(2 of 2) [COP-12/1987]

in the year 1987 and contributory--Fateh Chand Pahwa has

expired and now his legal representatives are entitled for due

payment.

Learned Senior Counsel submitted that claim of wife of

the deceased-Fateh Chand Pahwa--Smt. Sushma Pahwa is also

not being processed by the Official Liquidator on account of she

being one of the legal representatives of the deceased-Fateh

Chand Pahwa.

Learned Senior Counsel submitted that Smt. Sushma

Pahwa was having 3600 shares in individual capacity and as such,

at least, her claim may be considered by the Official Liquidator for

due payment to her till the main issue is decided by this Court.

Learned counsel for the Official liquidator Mr.Gaurav

Sharama Saraswat submitted that he also intends to assist this

Court by bringing certain judgments on the issue and as such, he

wants time.

List on 26.05.2022, as prayed.

In the meanwhile, learned counsel for the Official

Liquidator will ask the Official Liquidator to see and consider the

claim of Smt. Sushma Pahwa in individual capacity, as whether,

she is entitled for release of amount or not.

The said exercise will be undertaken and accordingly

report will be submitted to this Court.

(ASHOK KUMAR GAUR), J

Himanshu Soni/3

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