THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY Company Application No.1676 of 2011 (Dated : 17-11-2011) Between: M/s. Acme Fluro Polymers Ltd. (in Liqn.) Rep. by the Official Liquidator, High court of A.p., Hyd. …Applicant THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY Company Application No.1676 of 2011 ORDER:- This application has been filed by the Official Liquidator representing M/s.Acme Flouro Polymers Ltd (in Liqn) under Section 460 (4) of the Companies Act, 1956 read with Rule 9 of the Companies (Court) Rules, 1959, to fix the fee of Sri M.Srinivas Rao, Advocate, for his appearance in Supreme Court of India, New Delhi, and also before the National Consumer Disputes Redressal Commission, New Delhi, in Civil Appeal No.7021 of 2011. 2. This Court by an order dated 30-4-1999 made in C.P.No.34 of 1997 directed for winding up of M/s.Acme Flouro Polymers Ltd. The aggrieved party carried the matter in appeal by way of OSA No.27 of 1999. Ultimately, the said O.S.A. ended in dismissal on 18-4-2000. Consequently, by virtue of Section 449 of the Companies Act, 1956, the Official Liquidator attached to this Court became the Liquidator of the Company (in Liqn). Prior to the order of winding up, the Company had filed a complaint vide O.A.No.204 of 1995 before the National Consumer Rederessal Commission, New Delhi, against the Central Warehousing Corporation, Mumbai, seeking compensation of Rs.1,22,00,000/- towards damages of imported machinery lying in the custody of the Central Warehousing Corporation, Mumbai. The said complaint came to be allowed by an order dated 5-7-2004 directing the Central Warehousing Corporation and others to pay the Company in liquidation a sum of Rs.61,44,000/- with interest at 19% per annum w.e.f. 1-2-1996 till the date of payment to the Company (in Liqn). Aggrieved by the said order, Central Warehousing Corporation filed Civil Appeal No.6290 of 2004 before the Supreme Court. The Official Liquidator engaged the services of Sri M.Srinivas R.Rao, Advocate, at New Delhi, to represent the Company (in Liqn) in the aforesaid Civil Appeal No.6290 of 2004. Subsequently, the Official Liquidator filed C.A.No.2066 of 2007 for fixation of fee of the Advocate engaged by him. This Court by an order dated 9-6-2008 fixed the fee of Sri M.Srinivas R.Rao, Advocate at Rs.30,000/- Professional Fee and Rs.10,000/- towards expenses, as claimed by him. 3. The Supreme Court disposed of Civil Appeal No.6290 of 2004 by order dated 10-9-2009 remanding the matter to the National Consumer Disputes Redressal Commission. The Official Liquidator engaged the services of M.Srinivas R Rao, Advocate to contest the case before the National Consumer Redressal Commission, New Delhi. On remand, the National Consumer Disputes Redressal Commission disposed of the matter directing the Central Warehousing Corporation Limited to pay a sum of Rs.61,44,000/- along with interest at 12% p.a with effect from 01.2.1996 to the complainant within a period of six weeks. The Official Liquidator filed a caveat in the Supreme Court through M.Srinivas R.Rao, Advocate and paid Rs.10,000/- by way of Demand Draft to the Advocate. Sri M.Srinivas R.Rao informed the Official Liquidator that the appeal filed by the Central Warehousing Corporation in Civil Appeal No.7021 of 2011 against the order passed in O.P.No.204 of 1996 listed on 2-9-2011 before the Hon’ble Supreme Court of India and requested the Official Liquidator to send Rs.50,000/- as initial fee by way of Demand Draft payable at Delhi. Hence this application. 4. Heard learned counsel appearing for the applicant and perused the letter of M.Srinivas R Rao addressed to the Official Liquidator. 5. Learned counsel appearing for the Official Liquidator submits that in Civil Appeal No.6290 of 2004, this Court permitted the Official Liquidator to pay Rs.30,000/-. He placed on record the copy of the order dated 9-6-2008 passed in C.A.No.2066 of 2007. Keeping in view the quantum of amount involved in the Civil Appeal No.7021 of 2011, I consider it appropriate to permit the Official Liquidator to pay Rs.25,000/- to M.Srinivas R.Rao towards his fee for his appearing in Civil Appeal No.7021 of 2011. 6. Accordingly, the company application is ordered. _____________________ B.SESHASAYANA REDDY, J Dt.17-11-2011 SMR/RAR THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY Company Application No.1676 of 2011 DATED : 17-11-2011