High CourtsSingle Bench

In Re: Sone Vanaspati Ltd.

Jharkhand High Court · Decided on 1 April 2011 · Citation: (2011) 04 JH CK 0137

HON’BLE JUDGES
R.K. Merathia, J
CASE NUMBER
Company Petition No. 6 of 2009
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Judgment

12 paragraphs · 293 words

R.K. Merathia, J.—Learned Official Liquidator pointed out that the sale was confirmed in favour of Mr. Arun Kumar Gupta on 01/02/2011 but then Mr. Gupta submitted that actually he is the authorized representative of M/S Nilambar Trexim & Credit Pvt. Limited, 94 N.S. Road, Bujbuj, 24 Paragna, West Bengal and, accordingly, the sale was confirmed in favour of the said company.

2.

The orders dated 01/02/2011 and 18/03/2011 stand clarified to this extent only.

I.A. No. 1025 of 2011

3.

Mr. Sinha, learned Counsel appearing for the secured creditors submitted that interim disbursement may be made to the secured creditors namely, Vijeta Project and Infrastructure Limited.

4.

The Official Liquidator informs that a case is pending in the Labour Court with regard to the validity of lock out. However, if the sale amount is divided proportionately-between the secured creditor and the workmen, an interim payment of Rs. 3.35 crores can be made keeping provision for the claim of the workmen, if any.

5.

Accordingly, the Official Liquidator is directed to disburse the said amount on giving undertaking by the secured creditor that excess payment, if any, will be returned.

Report of the Official Liquidator dated 14/03/2011

6.

As prayed, the Official Liquidator is permitted to inform Bihar State Pharmaceuticals and Chemicals Development Corporation Limited to take away its generator, lying in the factory premises within one month on its own cost.

7.

The purchaser is directed to keep the generators safely so that when the owners are known, the same may be returned to them.

8.

I.A. No. 1025 of 2011 and the report dated 14/03/2011, both stand disposed of.

9.

Put up this case on 15th April 2011.

10.

Let a copy of this order be handed over to the Official Liquidator.