Suit No. 287 of 1995, Kamal Singh Dugar v. The Samnuggur Jute Factory Co. Ltd - (1.) This appeal arises out of Impugned order dated 18tb April, 1996 passed by the learned trial Judge in wherein the learned trial Judge was pleased to hold and observe that of the materials on record it was not possible at the interlocutory stage to pass any order on the interlocutory application filed by the plaintiff the learned trial Judge, however, for the protection and preservation of the assets of the Company gave certain directions against Aditya Translink Pvt. Ltd against which this appeal has been preferred.
(2.) It has been submitted on behalf of the Company that with the financial assistance of the Aditya Translink Pvt. Ltd the Company has been not only paying all its current liabilities and dues but has also paid a sum of Rs. 4.80 Crores (approximately) towards Its arrear liabilities which includes payments of arrear Provident Fund dues of Rs. 26,09,286/-, arrear E. S. I. dues of Rs. 11,25,000/- and arrear Sales Tax dues of Rs. 19,62,286 80p for the period prior to 12th August, 1995. The Company has also made payment out of funds provided by Aditya Translink Pvt Ltd. a sum of Rs 9,06,10,271/- towards the current Provident Fund dues for the period subsequent to 12th August, 1995. A sum of Rs. 1,89,75,82 if has already been paid towards the current E. S. I. dues and a sum of Rs 1,68,84,121.78 p. towards current Sales Tax dues.
(3.) By the impugned order dated 18th April, 1996 the Provident Fund Authorities had been directed by the Trial Court to realise the Provident Fund dues from the management of the Samnuggur Jute Factory Co. Ltd. within 3 months from the date of the said order but no steps have been taken by the Provident Fund Authorities in that regard in terms of the said order excepting as below.;