(Per : HONOURABLE MR.JUSTICE V. M. SAHAI) 1 We have heard learned Advocate Mr. Navin K. Pahwa for the appellant.
2 Mr.
Navin Pahwa, learned Advocate for the appellant has urged that neither the appellant nor the counsel for the appellant has given any assurance to the court that they will pay up the dues of the Income Tax Department proportionately after the Official Liquidator serves a notice on them for payment which has been received by the Official Liquidator from the Income Tax Department. In the grounds mentioned in the appeal also, it has been stated that no such assurance was given either by the appellant or his Advocate to the Court. He has also urged that such assurance would be in violation of the provisions of Section 529(A) read with Section 530 of the Companies Act, 1956. He has further argued that in view of the provisions of Section 529(3)(c) of the Companies Act, the workmen proportion has not been properly interpreted by the learned Single Judge. He has further submitted that the provision of Section 529(a) of the Companies Act would come into force, if, the proportion is more than 100% and, if, the proportion is 100% or less than than that, then in that case, the proportion is to be worked out between the workmen dues and the secured creditors.
3 According to the learned Counsel for the appellant, though, this aspect was raised before the learned Company Judge, the same has not been considered and the appellant nor his Advocate has given any assurance that they will pay the dues of the Income Tax Department proportionately after the Official Liquidator serves a notice on them for payment which has been received by the Official Liquidator from the Income Tax Department. In our opinion, it would be desirable that the appellant files a review application seeking appropriate clarification from the learned Company Judge pointing out the relevant provisions of the Act.
4 In the above view of the matter, we deem it expedient to dismiss the appeal with the liberty to the appellant to file a review application before the learned Company Judge. Hence, the appeal stands dismissed accordingly with the liberty to the appellant as stated here-in-above.
Consequent upon the dismissal of the appeal, the Civil Application does not survive and the same also stands dismissed accordingly.
(V.M.
SAHAI, J.) (A.J.
DESAI, J.) pnnair Top