The Division Bench rejected a Notice of Motion seeking interim relief to remit funds to an employee union and set aside an Official Liquidator's adjudication on dissenting workers' claims. The court declined to address individual claims, noting they were pending adjudication, and dismissed the prayer.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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pdp
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 512 OF 2018 IN
APPEAL NO. 163 OF 2016 IN COMPANY APPLICATION NO. 620 OF 2011 IN COMPANY APPLICATION NO. 593 OF 2011 IN COMPANY PETITION NO. 778 OF 2005
Kamani Employees' Union .. Applicant/ Org. Appellant
In the matter between
Kamani Employees' Union ..Appellant
Vs.
The Official Liquidator and the Liquidator of KMA Ltd. And ors. ..Respondents
WITH
NOTICE OF MOTION LODGING NO. 326 OF 2018 IN APPEAL LODGING NO. 255 OF 2016 IN COMPANY APPLICATION NO. 620 OF 2011 IN COMPANY PETITION NO. 778 OF 2005
In the matter between
KMA Workers and Staff Union .. Appellants Vs. 1. Official Liquidator and ors. .. Respondents
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Ms. Meena Doshi for applicant/appellant. Mr. L. T. Satelkar for Official Liquidator. Mr. Shailesh Naidu I/by B. S. Nayak for applicant in NMAL/326/18. Mr. S. B. Rao I/by Gauri Rao for appellant in APPL/255/2016.
CORAM: NARESH H. PATIL & G. S. KULKARNI, JJ.
JULY 13, 2018.
P.C.
Motion No. 512 of 2018. We have perused the orders passed by the learned Single Judge as well as the orders passed by the Division Bench of
this Court.
(a) That pending hearing and final disposal of the Appeal this Hon'ble Court be pleased to direct the Official Liquidator
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to remit to the Applicant / Appellant Union an amount of Rs.13,84,65,470/- from the interest bearing No Lien Account with the Bank of Baroda within such time as this Hon'ble Court may deem fit for distribution of the said amount to the employees (excluding the dissenting workmen) as per Consent Terms, which are set out in the statement at Exhibit “H” to the Affidavit in Support of the Notice of Motion;
(b) That pending hearing and final disposal of the Appeal, this Hon'ble Court be pleased to set aside the adjudication, carried out by the Official Liquidator in respect of the dissenting workmen in Company Application No. 593 of 2011 and 620 of 2011 as the same is not in consonance with the Consent Terms;
accordance with the consent terms, the residue amount to the extent of
Rs. 13,84,65,470/- has to be distributed to the workers of the Union.
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Admittedly, there is dissenting group of workers who are 87 in number. Those workers are represented by leaned counsel Mr. Naidu in Appeal Lodging No. 255 of 2016. Mr. Naidu, the learned counsel submits that in accordance with the directions given by the learned Single Judge, the Official Liquidator has undertaken an adjudication. Ms. Doshi, objects that in the Notice of Motion (L) No. 326 of 2018 filed by the applicants – M. Prakash and others, no relief is required to be granted as the issue is to be adjudicated finally.
adjudication in the appeal, the dissenting group of the workers is at least entitled to the amount which has been adjudicated by the Official Liquidator. It is submitted that in accordance with the consent terms, full amount has been already received by the Union and 75% of the amount has been received by the dissenting workers.
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Division Bench from time to time. Perused the affidavits, charts annexed to the Notice of Motion. We have also perused the consent terms annexed at Exh. “D” to the Notice of Motion.
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rejected.
Pravin Dasharath Pandit
Digitally signed by Pravin Dasharath Pandit Date: 2018.07.17 17:28:16 +0530
are at liberty to raise their claim before the appropriate forum.
(G. S. KULKARNI J.) (NARESH H. PATIL,J.)
2 issues framed by the court
Whether to grant interim relief for remitting interest-bearing amounts from a no lien account to the employee union pending the final disposal of an appeal regarding consent terms distribution.
Whether to set aside the adjudication carried out by the Official Liquidator regarding dissenting workmen's claims during the pendency of the appeal.
Kamani Employees' Union
M. Prakash and ors.
The Official Liquidator and the Liquidator of KMA Ltd. and ors.
G. S. Kulkarni
Naresh H. Patil
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
