OL Of Various Companies (In Liqn) vs Na

A.J.Desai, J

Speaking to minutes is allowed.

The words “Accordingly, present report is accepted in terms of prayer in Para 11(B) and 11(C)†mentioned in Para â€" 9 of the order dated

16.12.2019 are corrected and read as “Accordingly, present report is accepted in terms of prayer in Para 11(A), 11(B) and 11(C)â€​

Remaining part of the order stands as it is. Registry is directed to issue a fresh writ of the order accordingly.

Speaking to Minutes stands disposed of accordingly. Direct Service is permitted.

By way of present report, the Official Liquidator has prayed as under :

“[A] The Official Liquidator may be permitted to engage two qualified company secretaries as mentioned as Para â€" 08 (A) of this report names

are (1) Shri Sumit J. Patel, (2) Ms. Divya Nai and Trainee Company Secretary as mentioned at Para â€" 08(C) of this report names are (1) Ms.

Pooja Thakkar (2) Ms. Sakshi Buhadev, as per the scheme and terms and conditions for appointment of Company Secretaries and Trainee Company

Secretaries as approved by this Hon'ble Court vide order dated 27.10.2010 passed in OLR No. 119 of 2010 for a period of one year, which can be

further extended up to one year by the office of Official Liquidator upon review of their performance or such further period as may be directed by the

Hon'ble Court in this regard.

[B] The Official Liquidator may be permitted to make payment of monthly salary of Rs.25,000/Â for Company Secretaries and Rs.10,000/Â for

Trainee Company Secretaries respectively as mentioned in Para â€" 02 of this report from the fund available with the office of Official Liquidator

under the head of “Company paid staff salary fundâ€​ of Common pool fund.

[C] In case, nonÂjoining or resignation / dropout of the selected candidates, the Official Liquidator may be permitted to operate the waiting list as

given at Para 08(B) of this report to fill the vacancy as and when such contingency may arise in future.â€​

Heard Ms. Davawala, learned advocate for the Official Liquidator, apprised that this Court, vide order dated 27.10.2010 passed in OLR No. 119 of

2010, has been pleased to approve the scheme of appointment of Company Secretaries and Trainee Company Secretaries and after following due

procedure as laid down in the said scheme, the Office of Official Liquidator had appointed Company Secretaries and Trainee Companies Secretaries

for the office of the Official Liquidator in compliance of the orders passed by this Court. However, at present, there is vacancy of two Company

Secretaries and ten Trainee Company Secretaries in the office of the Official Liquidator.

The Official Liquidator filed report being OLR No. 96 of 2019 interÂalia seeking permission to fill aforesaid vacancies in the office of the Official

Liquidator. After considering said report, this Court, vide order dated 21.08.2019 passed in OLR No. 96 of 2019, has been pleased to permit the

Official Liquidator to engage the appointment of two qualified Company Secretaries on a full time basis and ten Trainee Company Secretaries.

In Compliance of the aforesaid order, the Official Liquidator issued vacancy circular dated 03.03.2019 for appointment of Company Secretaries and

Trainee Company Secretaries and same were forwarded to the ICSI, Ahmedabad Chapter, Institute of Chartered Accountant of India, Institute of

Cost and Works Accountant of India. Office of Registrar of Companies, Gujarat Regional Director (NWR), Registrar of NCLT, Ahmedabad Bench

and High Court of Gujarat and with a request to display vacancy circular on their notice boards as well as also webcast on their respective website.

She informed that pursuant to the said vacancy circular, the office of the Official Liquidator received total twenty six applications, out of which

seventeen application for the the post of Company Secretaries and nine application for Trainee Company Secretaries.

Ms. Davawala, learned advocate informed that after scrutiny of the said application, the office of Official Liquidator had under taken the interview

for selection of the Company Secretary and Trainee Company Secretaries on 24.10.2019, by constituting a selection committee, which included

Registrar, (Recruitment), this Hon'ble Court, as a Chairman and Official Liquidator and Chairman ICSI, Ahmedabad Chapter as members of the

Selection Committee.

The Selection Committee conducted interview on 24.10.2019 and they have evaluated the aspiring candidates and assigned mark on the basis of

educational qualification, skills, technical expertise, etc. of the candidates and accordingly, they have sort listed the candidates for the Company

Secretaries and Trainee Company Secretaries.

Ms. Davawala, learned advocate informed that there is increasing work load in this office day by day approximately 386 Companies are under

liquidation and in order to ensure smooth functioning of the work this Office required to appoint two Company Secretaries and two Trainee Company

Secretaries. The Office has also benefited in the past by employing Company Secretaries for the smooth functioning of the work and it is a learning

opportunity for the Company Secretaries and Trainee Company Secretaries gives them good exposure in the area of Winding up of Companies under

the provision of Companies Act, 1956 and Court compliance related work in the office of Official Liquidator.

Ms. Davawala, learned advocate, also clarified that the appointment of Company Secretaries and Trainee Company Secretaries is purely on

contractual and adÂhoc basis temporary in nature and the office of Official Liquidator and the Hon'ble High Court reserve the right to terminate the

services of the Company Secretaries and Trainee Company Secretaries, in case any of the appointed candidates found unsuitable in performing their

duties or functioning the office work.

Having heard learned advocate appearing for the Official Liquidator and upon perusal of the report and considering facts that there is need of

Company Secretaries and Trainee Company Secretaries for smooth functioning of the office of Official Liquidator to coup up the increasing workload.

Accordingly, present report is accepted in terms of prayer in Para 11(B) and 11(C).

Accordingly, the report of the Official Liquidator is disposed of.