In an appeal against an order dismissing a workman's claim, the High Court dismissed the appeal but granted liberty to file a fresh representation with the Official Liquidator for redetermination of unconsidered entitlements.
Liberty granted to file a fresh representation; admitted amount of Rs.43,918 directed to be paid within four weeks.
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.IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.06.2018
Coram
The Hon'ble Mr. Justice M.M.SUNDRESH
and
The Hon'ble Mr. Justice N.ANAND VENKATESH
O.S.A.No.186 of 2018
R.Subramaniam .. Appellant/Applicant/ Petitioner
The Official Liquidator, Madras High Court, As the Liquidator of
M/s.Kongurar Spinners Limited,
Pethampatti, Udumalpet.
.. Respondent/Respondent
Appeal preferred under Order XXXIV Rule 9 of O.S. Rules r/w Clause 15 of Letters Patent against the order dated 08.09.2017 made in CA.No.590 of 2017 in C.P.No.198 of 2004.
CA.590/2017:Application praying this Court to set aside the order dated 29/11/2012 passed by the Official Liquidator rejecting the claim No.146/198/2004 CES of the Applicant in CP.No.198/2004 and consequently allow the Form No.66 filed by the applicant.
For Appellant .. Mr.A.Deivasigamani
For Respondent .. Mr.M.Dhamodharan, Official Liquidator
JUDGMENT (Judgment of the Court was delivered by M.M.SUNDRESH, J.)
Challenging the order passed by the learned single Judge, which was based upon the report of the Official Liquidator dated 09.08.2017, the present appeal has been filed by the appellant, who was the erstwhile workman of the company in liquidation.
2.A perusal of the order passed would show that it was passed by accepting the report of the Official Liquidator. Learned counsel appearing for the appellant would submit that certain factors have not been brought to the notice of the Official Liquidator. Thus, it is submitted that liberty may be given to the appellant to make a fresh representation for redetermination of certain entitlement, which were not taken note of.
3.Considering the same, while dismissing the appeal, we give liberty to the appellant to make a fresh representation to the Official liquidator. As and when the same is made, the Official Liquidator can adjudicate upon it within a period of six weeks from the date of receipt of a copy of the same. We make it clear that the said representation has to be considered on its own merit notwithstanding the earlier report and the order passed by this Court.
4.The admitted amount of Rs.43,918/- shall be paid by the Official Liquidator to the appellant, who shall receive it without prejudice to the representation to be made. The said amount will have to be paid within a period of four weeks from the date of receipt of a copy of this order.
5.In the result, the Original Side Appeal is dismissed. No costs. Sd/-Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar To The Sub Assistant Registrar, Original Side, High Court, Madras.
+1cc to Mr.A.Deivasigamani, Advocate Sr.No.39323
VGI(CO) sm:9.7.2018
O.S.A.No.186 of 2018
R.Subramaniam
The Official Liquidator, Madras High Court
M.M.SUNDRESH
N.ANAND VENKATESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
