Petition for payment of dues for watch and ward services in liquidation companies. Pending due to lack of original records by petitioner; dismissed with liberty to determine claim if records are produced.
Petition dismissed with liberty to produce records for future determination of due amount.
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CP No.159 of 2008 (O&M) Date of Decision: 25.07.2013 ****
M/s National Security Force
VS.
Official Liquidator & Ors. . . . . Respondents
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Present: Mr. Manoj Dhiman, Advocate for Mr. Vishal Aggarwal, Advocate for the petitioner
Ms. Divya Sharma, Advocate with OL
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(1). This petition filed by security agency, namely, National Security Force seeks release of payment incurred on providing its watch and ward service to various companies in liquidation.
(2). The Official Liquidator has filed reply stating that since there are no Secured Creditors, the due amount of charges is required to be paid by the Official Liquidator from the Common Pool Fund Account. It is however, clarified that services of petitioner-security agency were hired for watch and ward jobs in respect of five companies in liquidation and the due amount in respect of four companies has already been paid to the petitioner-agency. As regards the left out company, the Official Liquidator states that from the very inception, the petitioner is not producing its original records in support of its claim.
(3). I find from the record that sufficient opportunities have already been granted to the petitioner in this regard.
Vishal V 2013.09.23 14:25 I attest to the accuracy and integrity of this document
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(4). Counsel for the Official Liquidator states that, no records have been produced by the petitioner so far.
(5). In these circumstances, I do not deem it necessary to continue with this petition and dismiss the same, however, with liberty to the petitioner-security agency to produce its original records before the Official Liquidator and as and when such records are produced, the claim of the petitioner shall be determined notwithstanding the dismissal of this petition and if anything is found due, the same shall be disbursed to the petitioner forthwith.
(6). Disposed of. Dasti .
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Vishal V 2013.09.23 14:25 I attest to the accuracy and integrity of this document
2 issues framed by the court
Whether the petitioner's claim for release of payment for watch and ward services should be determined in the absence of original records.
Whether to dismiss the petition keeping liberty for the petitioner to produce original records.
M/s National Security Force
Official Liquidator & Ors.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
