LAWS(GJH)-2008-1-208

ATULYA YOGENDRA MAFATLAL Vs. REGIONAL PROVIDENT FUND COMMISSIONER

Decided On January 08, 2008
ATULYA YOGENDRA MAFATLAL Appellant
V/S
REGIONAL PROVIDENT FUND COMMISSIONER Respondents

JUDGEMENT

(1.) HEARD teamed advocate mr. B. T. Rao for the petitioner. In pursuance to the direction issued, by this Court on 22. 6. 2007 in SCA No. 15849 of 2007, a representation was made by the petitioner on 5. 7. 2007 raising certain contentions in respect to provisions of section 529a and 530 of the Companies Act and other contentions in the said representation. The. respondent PF Authority has passed an order on 18. 7. 2007 after taking into account the representation of the petitioner and rejected the same.

(2.) LEARNED advocate Mr. Rao submitted that whatever contentions raised in representation are not dealt with by the respondent PF Authority and the respondent PF Authority has also not considered the pari passu claim along with secured creditors as per the provisions of section 529a and 530 of the Companies Act. He further submitted. that a moment the company is wound up and OL is appointed, then, the present petitioner the Director is ceased to be the Director of the Company and OL is in possession of the property of the company. He also submitted that respondent PF Authority cannot recover the PF dues from the petitioner in a personal capacity. Therefore, he submitted that the decision which has been taken by the respondent PF authority is contrary to law and bad. Therefore, present petition is filed.

(3.) I have considered the submissions made by learned advocate Mr. Rao and have also perused the order passed by respondent PF Authority.