1 12.cal525.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION skt COMPANY APPLICATION (LODGING) NO. 525 OF 2010 IN COMPANY PETITION NO. 345 OF 2006 (B.I.F.R. CASE NO. 77 OF 2002) B.I.F.R. ...Petitioner AND Sau.Rajani Sunil Nirhali ... Applicant Vs The Official Liquidator of Meltron Semiconductors Ltd. (in liquidation) ... Respondent Mr.Harshad M. Inamdar for the Applicant. Mr.Sandeep S. Kumbhar a/w. Mr.S.A.Bhagwat for the Respondent (Official Liquidiator). CORAM : S.J. VAZIFDAR, J. DATED : 1 st DECEMBER, 2010. P.C. : 1. This is an application to stay an adjudication by the Official Liquidator dated 8th July 2010 in respect of the Applicant’s dues. The Applicant also seeks an order directing the Official Liquidator to re- 2 12.cal525.10.sxw adjudicate her claim according to the statement of claim annexed to the application. 2. The reliefs as prayed for cannot be granted. The Applicant’s case is that her dues ought to be adjudicated on the basis of her being a workman. She seeks to support this contention on the basis of the proceedings between company before it went into liquidation and herself. This aspect of the matter has not been considered in the order dated 8th July 2010. 3. The adjudicated amount of Rs.125,456/- is admittedly due and payable even according to the Respondents. It is only fair then that this amount be paid to the Applicant but without prejudice to her right to claim the balance. 4. The application is, therefore, disposed of by the following order: (i) The Official Liquidator shall pay the amounts adjudicated by the order dated 8th July 2010 to the Applicant. 3 12.cal525.10.sxw (ii) The Applicant shall be entitled to receive this amount without prejudice to her rights and contentions. (iii) The Official Liquidator shall re-adjudicate the Applicant’s claim. All the rights and contentions of the parties in this regard are kept open. (iv) No order as to costs. -