1. By way of this present application, the applicant who is employed as Security Agency by the Official Liquidator for M/s. Kankaria Chemicals Ltd. (in liquidation) prayed for the following reliefs:
"A. Your Lordship be pleased to direct the respondent Official Liquidator to clear the outstanding security service bills of the applicant up to January, 2012 amount is to Rs.4,69,0,56/- and further direct the official liquidator to pay security service bills of Rs.22336/- every month regularly till the time service or the applicant are availed for gurding the properties of the Company (In liquidation).
a. Pending admission, hearing and final disposal of this application, direct the official liquidator to clear the outstanding bills and to go on paying every month regularly the amount of Rs.14891/- to the applicant.
b. To grant any such other further suitable relief/s as may be deemed fit and proper. And for this act of kindness and justice, the applicant shall as in duty bound for every pray."
2. It is required to be noted that the Official Liquidator was joined as a party respondent. Vide order dated 15.03.2012, the Secured Creditors as well as Labour Union were joined as party respondents. All the respondents have been served. It is evident from affidavit in support of Judges Summons that the Official Liquidator has not made any payment towards security charges from May, 2010 and it is submitted on behalf of the applicant that the Official Liquidator has funds available in the Company Account. It was submitted by the applicant that the security charges raised by the applicant for May, 2010 to January, 2012 total into Rs.4,69,0,56/- may be ordered to be paid by the Official Liquidator.
3.In response to the notice issued by this Court, the Official Liquidator has submitted a report dated 05.03.2012. It is indicated in the said report that the Official Liquidator at present is having a fund of Rs.98,79,946/- in the Company's account. The Official Liquidator as per the aforesaid report has calculated that an amount of Rs.3,79,712/- is payable to the applicant. It is pointed out by the Official Liquidator that while determining the said amount the details available in the office of the Official Liquidator has been taken into consideration. It is also pointed out by the Official Liquidator that a meeting of the Sale Committee was held on 27.02.2012 and the members of the Sale Committee were informed about the fact that the sum of Rs.3,79,712/- is outstanding.
4.The Official Liquidator has filed a further report dated 12.03.2012 whereby it is submitted on behalf of the Official Liquidator that the amount calculated being payable to the applicant Security Agency is on lower side. Instead of multiplier of 18, multiplier of 17 is considered and therefore total amount payable comes to Rs.4,02,048/-.
5. At the outset, Mr. B.S. Supehia, learned counsel for the applicant submits that even though it is prayed for in the Judges Summons that the outstanding dues from May, 2010 to January, 2012, in fact the outstanding dues are from the month of August, 2010 to January, 2012. In view of this statement the present Judges Summons is considered for the period August, 2010 to January, 2012 only.
6. Mr. Bharat Jani, learned advocate appearing for respondent no.2, one of the secured creditors states that respondent no.2 has no objection if the payment is made to the applicant-Security Agency. As noted earlier, even though other secured creditors have been served no one has appeared at the time of hearing.
7. Considering the above facts mentioned in the Judges Summons as well as reports submitted by the Official Liquidator dated 05.03.2012 and 12.03.2012, the application deserves to be accepted. The Official Liquidator is hereby directed to make payment of Rs.4,02,048/- to the applicant i.e. Real Detectives & Security Org. Pvt. Ltd., by an account payee cheque drawn in favour of the applicant. With this observations, the application stands disposed of. Notice discharged.
(R.M.CHHAYA,J.) MEHUL