LAWS(DR)-2003-12-8

SAPTHAGIRI PEE GEE FRUITS PROCESSING P LTD Vs. DHARAMPURI STEEL CASTINGS LTD

Decided On December 24, 2003

JUDGEMENT

(1.) THE case is fixed for passing appropriate order in the above stated IAs and memo. By those applications, the applicant Bank, Stats Government of Tamil Nadu and the third party purchaser have sought some relief from this Court i.e. payment of workmen's due out of the sale proceeds, to adjust the arrears of electricity dues pertaining to the sold property and the Bank has also prayed for apportionment of the sale proceeds towards loan liability. THE Bank has further filed another memo that necessary amendment should be made in the proclamation of the sale and in the sale certificate and to include left out portion of the sold property and to mention its measurement, which is found surplus to the measurement of property sold earlier and belonging to same premises which was under the previous proclamation.

(2.) This Court has heard elaborate arguments of the learned Counsels of both the parties in respect of the IAs. As the petitioner and the defendants in each IA are different and their prayer is also separate and they may have clashing interest against each other, these IAs are taken one by one for disposal in the present common order.

(3.) THE Recovery Officer may further take assistance of the office of the Official Liquidator for determining the workmen's portion if he feels necessary so for ascertaining any other labour dues, which is not being represented by the Collector, Dharmapuri District or appropriate Government.