Court No. - 29
Case :- WRIT - C No. - 37568 of 2019 Petitioner :- Yogendra Kumar And 25 Others Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Tarun Kumar Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Sri Tarun Kumar Srivastava,learned counsel for the petitioners and Sri Shubham Agarwal, learned counsel for the respondent no. 2, Official Liquidator Ministry of Cooperate Affairs, Allahabad.
The Company M/s Tannery & Footwear Corporation of India Ltd. Kanpur was ordered to be wound up by the High Court. The aforesaid Company is having large number of assets including quarters of the employees. The petitioners allege that the quarters are not the property of the Company and as such cannot be sold to satisfy the dues of the said Company.
First of all the petitioners are not the persons aggrieved by the sale of the said quarters as they are not the allottees. Secondly the claim of the petitioners that part of the property is not that of the Company in liquidation is a subject matter of adjudication, if any, by the Company Judge or by the Civil Court. The petitioners had earlier filed Writ-C No 20864 of 2019 raising the above dispute and the same was disposed of with the direction to the petitioners to set up the claim before the Official Liquidator or the Company Judge as may be advised. The petitioners in pursuance thereof raised the claim before the Official Liquidator and the same has been rejected by order dated 9.9.2019 and the contention of the petitioners has been rejected. It is against the aforesaid order that the petitioners have preferred this writ petition.
The writ petition is not maintainable for the simple reason that the remedy of the petitioners, if any, against the same is before the Company Judge or before the N.C.L.T. in accordance with the provisions of the Companies Act, 1956.
In view of the above, we find no merit in this writ petition so as to exercise our discretionary jurisdiction.
The writ petition is dismissed with liberty to the petitioners to avail other remedies that may be available to them in law.
Order Date :- 28.11.2019/Pratima