The applicant has taken out present application on the strength of orders dated 21.8.1998 passed in Special Civil Application No.10721 of 1996 and the order dated 7.5.1999 passed in MCA No.93 of 1999.
Mr.
Pandya, learned advocate for the applicants, has submitted that the company has not made the payment in accordance with and in compliance with the aforesaid orders and that therefore, the applicants have taken out present Judge's Summons dated 23.1.2012, which is registered as Company Application No.32 of 2012, seeking below mentioned direction:-
"A. This Hon'ble Court be pleased to direct the Official Liquidator of the company (in Liquidation) to disburse the amount of Rs.15 lakh with 18% percent interest to the applicant being judgment creditor to execute order passed in favour of the Applicant wide dated 21/8/1998 and 7/5/1999 by this Hon'ble High Court of Gujarat, directing to pay the compensation of Rs.15 lakh with interest of 18% as amount is 1500000+378000=1878000-00."
Even a glance at the record of present application shows that the application has been taken out and claim is made on the strength of orders dated 21.8.1998 and 7.5.1999. More than 12 years have passed since the orders came to be passed. Prima facie, the claim made by the applicants is stale and time barred. Now, the applicants want to make the said claim before the OL and want to receive the amount out of the sale proceeds on which the preferential right is of the secured creditors and the workers. Besides this, as mentioned above, the claim is more than almost 12 years old. Thus, prima facie, it does not deserve to be considered or entertained.
At this stage, Mr. Pandya, learned advocate for the applicants, has requested for time to examine the record of the company and to ascertain as to whether the company had take out any proceedings for enforcement and recovery of the claim or not.
For the aforesaid purpose, time until 12.3.2012 is granted.
In the meanwhile, the OL shall ascertain the details and place on record a report mentioning relevant details with regard to the claim of the applicants.
S.O. to 12.3.2012.
(K.M.Thaker, J.) kdc Top