WRITERS AND PUBLISHER PVT LTD Vs. A K MISHRA, OFFICIAL LIQUIDATOR THE COOPERATIVE STORES LTD SUPER BAZAR
LAWS(SC)-2018-5-74
SUPREME COURT OF INDIA
Decided on May 17,2018

Writers And Publisher Pvt Ltd Appellant
VERSUS
A K Mishra, Official Liquidator The Cooperative Stores Ltd Super Bazar Respondents

JUDGEMENT

D Y Chandrachud, J. - (1.) The revival of Super Bazar was being monitored by this Court over several years. By an order dated 7 May 2008, this Court noted that three bidders were identified by the Evaluation Committee; among them being M/s Writers and Publisher Pvt Ltd (WPL). This Court recorded that all the Unions representing the workmen had agreed that the dues of the workers as on 31 December 2007 were Rs. 54.31 crores.
(2.) By an order dated 26 February 2009, this Court accepted the report of the Evaluation Committee which had recommended acceptance of the offer made by WPL. Accordingly, the Official Liquidator (OL) and the Central Registrar, Multi State Cooperative Societies were directed to take steps to revive Super Bazar. In a further order dated 13 August 2010, this Court observed thus : "(ii) In terms of our order dated 7th May, 2008, an amount of Rs.54.31 crores, being arrears of wages upto 31st December, 2007, was directed to be disbursed by the highest bidder. Rs.55 crores stands deposited by the highest bidder. The sum of Rs.20 crores out of Rs.55 crores which lies with the Registry of the Supreme Court, will be disbursed by the Official Liquidator and the nominee of the Central Registrar Co-operative Societies in the presence of one Union representative of each Union within four weeks from today. The representative of the highest bidder will also remain present in the said meeting. It is made clear that the workers will sign the receipt of payment, which will be adjusted towards the arrears of Rs.54.31 crores. (iii) As far as the balance amount is concerned, we are directing the highest bidder to file an affidavit containing an Undertaking that within a period of eight weeks, from the date of constitution of the Board of Directors after the elections, the balance amount will be disbursed to the workers. This will cover arrears of wages up to 31st December, 2007."
(3.) Subsequently, in September 2015, an IA was filed on behalf of the Union of India stating that neither WPL nor the management of Super Bazar had submitted a revival plan before the Central Registrar of Cooperative Societies. As a result, the Super Bazar could not be revived in accordance with the provisions of the Multi-State Cooperative Societies Act 2000.;


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