IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 15TH NOVEMBER 2011 / 24TH KARTHIKA 1933 Co.Appeal.No. 46 of 2011() AGAINST THE ORDER DATED18/08/2011 IN C.A.NO.539/2011 IN C.P.NO.39/2009 ON THE FILE OF THIS HON'BLE COURT APPELLANT/APPLICANT THE SOCIETY FOR WELFARE OF VICTIMS OF INVESTMENT SCAMS,KOZHIKODE,A SOCIETY REG;UNDER THE SOCITIES REG:ACT, ACT XXI OF 1860,REG.NO.504/2010, WITH ITS REG.OFFICE AT BLDG:29.91,VATAKARA MUNICIPALITY,PARAVANTHALA ROAD,VATAKARA,KOZHIKODE- 673104,REP.BY IT'S SECTY;SRI.M.N.RAJENDRAN,50 YRS S/O.KUNHAPPA NAIR. JANANI HOUSE, NUT STREET, VATAKARA – 673 104. BY ADV. SRI.DINESH R.SHENOY RESPONDENT(S): RESPONDENTS 1. M/S.GOODWAY BUSINESS CORPORATION LTD. (IN LIQUIDATION),M.K.S.TOWERS,S.A.ROAD, KADAVANTHRA,KOCHI,REPRESENTED BY IT'S OFFICIAL LIQUIDATOR,HIGH COURT OF KERALA. 2. THE OFFICIAL LIQUIDATOR, HIGH COURT OF KERALA. ADV. SRI.K.MONI THIS COMPANY APPEAL HAVING COME UP FOR ADMISSION ON 15/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR & P.Q.Barkath Ali JJ. = = = = = = = = = = = = = Company Appeal No.46 of 2011 = = = = = = = = = = = = = = Dated this the 15 th day of November, 2011 JUDGMENT Ramkumar J The appellant which is a society by name “the Society for Welfare of Victims of Investment Scams, Kozhikode claiming to be the creditors of the company M/s.Goodway Business Corporation Ltd (in liquidation) filed C.A.No.539/2011 before the Company Court seeking a direction to the Official Liquidator to give the appellant notice of all further proceedings of the Official Liquidator in the matter of the Company under liquidation and a direction to the Official Liquidator to give the appellant copies of reports filed by the Official Liquidator before the Company court and also to allow the appellant to assist the official Liquidator in the winding up proceedings for the proper realisation of all the assets of the company under Company Appeal No.46 of 2011 2 liquidation for the benefit of the creditors of the company. As per the impugned order dated 18.8.2011 the company court dismissed the application. Hence this appeal. 2. We heard the learned counsel appearing for the appellant as well as the learned counsel appearing for the Official Liquidator. 3. While the request of the appellant in C.A.No,540/2011 for impleading the appellant in the above matter was rightly dismissed by the company court and we have today dismissed the appeal (Company Appeal No.40/2011), preferred by the appellant against the said order, we see no reason why the prayer in C.A.No.539/2011 should not have been granted. There is no dispute that the appellant represents the body of creditors of the company which is in liquidation. No doubt, the company petition for winding up of the company has been disposed of by winding up the company as per order dated 30.09.2009. But the right of the creditors of the company will not get Company Appeal No.46 of 2011 3 extinguished thereby. They are entitled to say that there is should be a rateable distribution of the assets of the company. Hence, we set aside the impugned order dated 18.8.2011 and C.A.No.539/2010 will stand allowed but subject to the condition that the appellant will be entitled to the copies prayed for by it at the expense of the appellant and not at the expense of the Official Liquidator. The appellant will also be entitled to assist the Official Liquidator This appeal is disposed of as above. Dated this the 15th day of November, 2011 V. RAMKUMAR, JUDGE P.Q.BARKATH ALI, JUDGE sj