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IN THE MATTER OF M/S U.P.STATE CEMENT CORPORATION LTD.

High Court of Judicature at Allahabad

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In The Matter Of M/S U.P.State Cement Corporation Ltd. - MISC. COMPANY APPLICATION No. 4 of 1997 [2007] RD-AH 3277 (27 February 2007)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No. 30 MISC. COMPANY APPLICATION NO. 4 OF 1997

        In the matter of

U.P. State Cement Corporation Ltd. ( In Liq.)

Order on

Civil Misc. Application No. 267720 of 2006 (O-13) filed on behalf of Executive Engineer, Provincial Division, P.W.D., Auraiya.

Hon'ble Sunil Ambwani, J.

Heard Shri M.S. Pipersania, learned Standing Counsel, State of U.P. and Shri Ashok Mehta for Official Liquidator.

The U.P. State Cement Corporation Ltd (in liquidation) was wound up by this Court on 8.12.1999. The sale of assets was confirmed on 11.11.2006. During pending confirmation of sale, the Court  directed the Official Liquidator to advertise and invite claims so that the creditors and workmen could be paid expeditiously. These claims were invited by advertisement issued in June 2006.

The application (O-13) has been filed under Rule 177 of the Companies (Court) Rules 1959  with prayer to condone the delay in filing the claims.

It is contended that claim for Rs. 54, 370/- with interest towards deposit amount for supply of cement of the company (in liquidation) could not be filed within time as the necessary papers could not be collected. However, the claim was filed on 26.8.2006. The Official Liquidator returned the document on the ground that they were received beyond the last.

Taking into account that the dues are government dues and that cause given for delay in filing the claim appears to be bonafide, the application under Section 177 of the Companies (Court) Rules 1959 is allowed. Let the claim be filed within ten days on Form-66 along with 'affidavits of proof'. It shall be adjudicated by the Official Liquidator within a week thereafter.

Dt.27.2.2007

Court No. 30 MISC. COMPANY APPLICATION NO. 4 OF 1997

        In the matter of

U.P. State Cement Corporation Ltd. ( In Liq.)

Order on

Civil Misc. Application Nos. 21538 of 2007 (O-80) filed on behalf of Irrigation Construction Division of State of U.P.; 21540 of 2007 (O-81) filed on behalf of Irrigation Department of Pariyojna Bhandar Khand, State of U.P. and 27375 of 2007 (O-83) filed on behalf of Pariyojna Bhandar Khand, Irrigation Department, State of U.P., Kanpur and Irrigation Construction Division, Okhala of State of U.P.

Hon'ble Sunil Ambwani, J.

Heard Shri Anil Kumar Mehrotra, learned Standing Counsel, State of U.P. and Shri Ashok Mehta for Official Liquidator.

The U.P. State Cement Corporation Ltd (in liquidation) was wound up by this Court on 8.12.1999. The sale of assets was confirmed on 11.11.2006. During pending confirmation of sale, the Court  directed the Official Liquidator to advertise and invite claims so that the creditors and workmen could be paid expeditiously. These claims were invited by advertisement issued in June 2006.

The applications (O-80 and O-81) have been filed under Rule 177 of the Companies (Court) Rules 1959 with the averment that applicants are divisions of the Irrigation Department, Uttar Pradesh. They had filed their claims with the Official Liquidator much before the company's assets were sold. These claims were not on form-66 of the Companies (Court) Rules 1959, and  filed by the counsels, who were not authorised to file their claims on behalf of Irrigation Department. The Court as such rejected the application with liberty to file afresh application. The Official Liquidator with the assistance of the Settlement Claims Committee has rejected these claims on the ground that they were not on proper affidavit.

Taking into account the fact and the amount of claims Rs. 1, 04, 96, 925.06 and Rs. 1, 98, 30, 657.54 of these two divisions of Irrigation Department respectively and further taking into account the fact that claims were made much before the sale was confirmed and have been rejected only on technical grounds, the applications under Section 177 for condonation of delay for filing fresh claims are allowed. Let fresh claims be filed on form 66  of the Companies (Court) Rules 1959 within ten days from today. The same will be considered by the Official Liquidator within a week thereafter.

In view of the orders passed on first two applications namely (O-80) and (O81), the objection (O-83) filed by these applicants  to the rejection of their claims has become infructuous and is dismissed.

Dt.27.2.2007


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