Allowed

The Official Liquidator, High court Madras as v. nil

Madras HC22 Mar 2024COMP.A/105/2024

Case brief

AI extract

What is this about?

Company application by the Official Liquidator in a 1991 winding-up seeking permission to re-adjudicate workmen creditors' claims on copies of documents, originals having been lost in the 2015 cyclone Gaja floods. The court allowed the application.

What did the court decide?

Official Liquidator permitted to re-adjudicate workmen creditors' claims on copies of documents without insisting on originals.

The Official Liquidator, High court Madras as Vs nil — Insolvency and Bankruptcy | Madras HC (2024)

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Comp.A.No.105 of 2024

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C.SARAVANAN, J.

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Comp.A.No.105 of 2024 in

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C.P.No.80 of 1991

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This application has been filed pursuant to order passed by this

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Court on 28.02.2020. Para 7 to 13 of the report reads as under:-

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“7. That the fund available to the credit of the company (in liquidation) as on 13.02.2024 is as follows:-

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	Rs.
Bank	1,16,059.44
Investment	8,55,000.00
Total	7,71,059.44

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That the Hon'ble High Court Madras Order dated 28.02.2020 in Company Application No.83 of 2020 has directed the Official Liquidator to once again readjudicate the claims of the secured creditors, workmen creditors and the preferential creditors. If during the re adjudication also, the workmen do not respond with the necessary documents. It is open to Official Liquidator to disburse the amount to the secured creditors.

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In this regard, as per order of the Hon'ble High Court Madras, this Office has already sent Form No.68 dated 27.01.2022 to 57 workmen creditors to produce original documents for re adjudication. Out of which 22 claimants have submitted original documents, 27 claimants have submitted only copies of documents and covers in respect of 8 claimants have been returned undelivered.

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https://www.mhc.tn.gov.in/judis

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Comp.A.No.105 of 2024

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It is submitted that, many of the employees who have submitted copies of documents have stated that their original proof of documents have been washed away in the floods during cyclone “Gaja” in 2015 & hence could not provide the originals.

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In this regard, it is to state that Rule 149 Proof of debt-(1) “in a winding-up by the Court, every creditor shall, subject as hereinafter provided, prove his debt, unless the Judge in any particular case directs that any creditors or class of creditors shall be admitted without proof”.

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In view of the above, to permit the Official Liquidator to re-adjudicate based on the copies of documents submitted by the workmen creditors/claimants without insisting on original documents. Further, it is submitted that the workmen creditors claimed amount is Rs.18,61,050/-.”

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Being satisfied with the reasons stated in the report and

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affidavit filed in support of this application, this application stands

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allowed.

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This Company Application stands allowed.

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22.03.2024

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jas

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https://www.mhc.tn.gov.in/judis

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Comp.A.No.105 of 2024

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C.SARAVANAN, J.

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jas

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Comp.A.No.105 of 2024 in C.P.No.80 of 1991

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22.03.2024

¶28

https://www.mhc.tn.gov.in/judis

The Official Liquidator, High court Madras as v. nil

Case brief

What is this about?

What did the court decide?

The Official Liquidator, High court Madras as v. nil

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Coram

Case details

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