The Official Liquidator has filed this report praying for the following reliefs:
In view of fact stated in para (08) to (10) of this report, this Hon'ble Court may be pleased to permit the Official Liquidator to constitute mediation committee for disposal of the assets and properties of the company (In Liqn.), and for verification and adjudication of claims of workers and creditors of the companies (In Liqn.) and other allied issue.
In view of fact stated in para (11) of this report, this Hon'ble Court may be pleased to avail the service of retired Hon'ble Judge of this Hon'ble Court of this Hon'ble Court and may be pleased to direct the Secured Creditors to bear the expenses of retired Hon'ble Judge of this Hon'ble Court.
Such other and further order and directions as this Hon'ble Court may consider just and appropriate may also be passed.
The prayers prayed for in the present report is based on the Minutes of Meeting held at New Delhi on 10.05.2011 with the Secretary, Ministry of Corporate Affairs and the Official Liquidators attached to 18 High Courts in the country. By a further report dated 29.09.2011 the Official Liquidator has recommended names of formal Judges of this Court. Further by a report dated 21.12.2011 the Official Liquidator has brought on record the fact of suggestions being invited by the Official Liquidator from various authorities, banks, social workers, workers' association. It is also evident from the record that by a further report dated 13.04.2012 the Official Liquidator has brought on record the opinion expressed by Calcutta High Court as well as the Official Liquidator attached to Mumbai High Court, Nagpur Bench.
It is an admitted position that this Court has got a fulfilled Mediation Center, managed by Gujarat High Court Legal Authority and there is a whole panel of trained mediators. Over and above this, this Court has also an Alternative Dispute Redressal Forum, known as 'VISAMO' where the facility of mediation and/or an alternative method of redressal of the grievance is already available. Considering the reports submitted by the Official Liquidator and more particularly considering the opinion expressed by the Official Liquidators attached to Calcutta High Court as well as Mumbai High Court, Nagpur Bench, as well as the Official Liquidator of Allahabad High Court, it is always open for the Official Liquidator to avail the benefit of the Mediation Center already established within the premises of this Court and, therefore, this Court finds no necessity to constitute a Special Mediation Committee for disposal of assets and properties of the company and for verification and adjudication of claims of workers and creditors of the companies (in liquidation) and allied issues as prayed for in the present report.
Hence, the report is not accepted. The application is disposed of accordingly.
Sd/-
[R.M.CHHAYA, J ] *** Bhavesh* Top