K.A.PUJ - (1.) This Company Application is filed by Textile Labour Association and in the Judge's Summons taken out by the said Association, a prayer is made seeking direction to pay an amount of Rs. 5,15,76,953.00 to 607 workmen of the Star of Gujarat Mills Co. Ltd. (In Liquidation). By way of an interim relief, it is prayed for that an amount at the rate of 10 per cent of the amount claimed may be paid to all those workmen.
(2.) In support of the Judge's Summons, an Affidavit is filed by one Mr. Manilal G. Parmar, the Secretary of the applicant Association wherein it is, inter alia, stated that by a separate order passed by this Court, the plant and machinery have been disposed of by the Sale Committee and an amount of Rs. 1,50,00,000/= has been realised. It was further stated that the claim of 607 workmen of the Star of Gujarat Mills Co.Ltd (In Liqn.) has already been lodged with the Official Liquidator. It was further stated that since the amount of Rs. 1,50,00,000/= was lying with the Official Liquidator and since the land and building of the said Mills Company were yet to be sold the amount which was already realised may be directed to be paid to the workmen towards their dues. Along with the said Affidavit a report of workers due payment prepared by one Mr. Nikhil Shah was produced.
(3.) In response to the above Judge's Summons, the Official Liquidator has filed his report on 4-9-2000 stating that he has appointed Mr. R. Choudhary & Associates, Chartered Accountants to verify the claim of the workers and after verification by the said Chartered Accountant the amount was reduced to Rs. 4,89,03,920/=. He has further submitted that the secured creditors have not furnished their claims duly verified/certified by their Chartered Accountants as on the date of winding up, i.e., 14-6-1999. The Central Bank of India, who is one of the secured creditors and impleaded as respondent No.2 in the present application has filed its affidavit through its Senior Manager, on 27-9-2000 stating, inter alia, that the Central Bank of India had also lent and advanced sizeable financial assistance to the company in liquidation and on the date of the winding up of the company, i.e., 14-6-1999, a sum of Rs. 16,29,43,383/= was due and payable by the said company to the Bank. It was further stated that the Bank has already filed an Original Application No. 279 of 1999 for recovery of Rs. 16,02,04,845.74 ps.in the Debt Recovery Tribunal, Ahmedabad and the said application is pending before the D.R.T. It was further stated in the affidavit that the bank has already incurred a sum of Rs. 7,05,220.37 ps. towards insurance, security and publication charges which should be paid to the bank before making distribution of any payment to any one.;