1. Mr.Hiren M.Modi, learned advocate for the Official Liquidator has drawn the attention of the Court to the Report of the Official Liquidator dated 26-9-2012 wherein the action of the Official Liquidator in engaging the concerned advocate to appear in the Debts Recovery Tribunal-III at Mumbai is sought to be justified.
2. In Paragraph 3 of the Report dated 26-9-2012 it has been stated by the Official Liquidator that the permission of the Court to appoint the concerned advocate before the Debts Recovery Tribunal,III at Mumbai has not been taken prior to his engagement. In paragraph 4 it is stated that the engagement of the concerned advocate vide letter dated 27-4-2009 is prior to the Scheme of advocate approved by this Court vide order dated 25-8-2009 passed in Official Liquidator's Report No.93 of 2009.
3. In Official Liquidator's Report dated 12-7-2012 a direction has been sought from this court to permit the Official Liquidator to make payment of fees to the concerned advocate from the Account of the Company.
4. Upon the query of this court whether Section 307 of the Companies (Court) Rules, 1959 would be applicable, Mr.Hiren Modi, learned advocate for the Official Liquidator has replied in the affirmative.
5. However, at this stage a request has been made by the learned advocate for the Official Liquidator to adjourn the matter.
At his request, the matter is adjourned to 29-11-2012.
(Smt.Abhilasha Kumari,J) arg