IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE TWENTYSEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TEN HON’BLE SRI JUSTICE G. BHAVANI PRASAD Company Application Nos.1952, 2070, 2071, 2072, 2073, 2074, 2075, 2076, 2077, 2079, 2080, 2081, 2082, 2083, 2084, 2085, 2086, 2087, 2088, 2089, 2090, 2099, 2100, 2101, 2102, 2103 and 2104 of 2009 Company Application No.1952 of 2009 Between: L. Sharma, S/o late R.D. Sharma ..Applicant AND The Official Liquidator, High Court of Andhra Pradesh, Hyderabad. .. Respondent Company Application No.2070 of 2009 Between: R. N. Gupta ..Applicant AND The Official Liquidator, High Court of Andhra Pradesh, Hyderabad. .. Respondent Company Application No.2071 of 2009 Between: R.C. Modani ..Applicant AND The Official Liquidator, High Court of Andhra Pradesh, Hyderabad. .. Respondent Company Application No.2072 of 2009 Between: Mohd Yusuf Ali ..Applicant AND The Official Liquidator, High Court of Andhra Pradesh, Hyderabad. .. Respondent Company Application No.2073 of 2009 Between: V. Ram Krishnaiah ..Applicant AND The Official Liquidator, High Court of Andhra Pradesh, Hyderabad. .. Respondent Company Application No.2074 of 2009 Between: P.S. Dixit ..Applicant AND The Official Liquidator, High Court of Andhra Pradesh, Hyderabad. .. Respondent Company Application No.2075 of 2009 Between: Shiv Shankar Singh ..Applicant AND The Official Liquidator, High Court of Andhra Pradesh, Hyderabad. .. Respondent Company Application No.2076 of 2009 Between: S.K. Shukla ..Applicant AND The Official Liquidator, High Court of Andhra Pradesh, Hyderabad. .. Respondent Company Application No.2077 of 2009 Between: Vishwanth Mistry ..Applicant AND The Official Liquidator, High Court of Andhra Pradesh, Hyderabad. .. Respondent Company Application No.2079 of 2009 Between: G. L. Kanta Rao ..Applicant AND The Official Liquidator, High Court of Andhra Pradesh, Hyderabad. .. Respondent Company Application No.2080 of 2009 Between: G. Gopal Krishnan ..Applicant AND The Official Liquidator, High Court of Andhra Pradesh, Hyderabad. .. Respondent Company Application No.2081 of 2009 Between: Gunakar Debey ..Applicant AND The Official Liquidator, High Court of Andhra Pradesh, Hyderabad. .. Respondent Company Application No.2082 of 2009 Between: S.K. Modi ..Applicant AND The Official Liquidator, High Court of Andhra Pradesh, Hyderabad. .. Respondent Company Application No.2083 of 2009 Between: Smt. Parvathi Devi ..Applicant AND The Official Liquidator, High Court of Andhra Pradesh, Hyderabad. .. Respondent Company Application No.2084 of 2009 Between: B.N. Bhatra ..Applicant AND The Official Liquidator, High Court of Andhra Pradesh, Hyderabad. .. Respondent Company Application No.2085 of 2009 Between: R.N. Yadav ..Applicant AND The Official Liquidator, High Court of Andhra Pradesh, Hyderabad. .. Respondent Company Application No.2086 of 2009 Between: Rita Shome ..Applicant AND The Official Liquidator, High Court of Andhra Pradesh, Hyderabad. .. Respondent Company Application No.2087 of 2009 Between: Chander Bhan Joshi ..Applicant AND The Official Liquidator, High Court of Andhra Pradesh, Hyderabad. .. Respondent Company Application No.2088 of 2009 Between: Narottam Sharma ..Applicant AND The Official Liquidator, High Court of Andhra Pradesh, Hyderabad. .. Respondent Company Application No.2089 of 2009 Between: V.B. Sharma ..Applicant AND The Official Liquidator, High Court of Andhra Pradesh, Hyderabad. .. Respondent Company Application No.2090 of 2009 Between: Raj Kumari Sharma ..Applicant AND The Official Liquidator, High Court of Andhra Pradesh, Hyderabad. .. Respondent Company Application No.2099 of 2009 Between: Saroja Devi ..Applicant AND The Official Liquidator, High Court of Andhra Pradesh, Hyderabad. .. Respondent Company Application No.2100 of 2009 Between: Y.S. Sirodhi ..Applicant AND The Official Liquidator, High Court of Andhra Pradesh, Hyderabad. .. Respondent Company Application No.2101 of 2009 Between: Subhash Kumar Gupta ..Applicant AND The Official Liquidator, High Court of Andhra Pradesh, Hyderabad. .. Respondent Company Application No.2102 of 2009 Between: Shiv Devi ..Applicant AND The Official Liquidator, High Court of Andhra Pradesh, Hyderabad. .. Respondent Company Application No.2103 of 2009 Between: Pushpa Devi ..Applicant AND The Official Liquidator, High Court of Andhra Pradesh, Hyderabad. .. Respondent Company Application No.2102 of 2009 Between: Sumitra Devi Kejriwal ..Applicant AND The Official Liquidator, High Court of Andhra Pradesh, Hyderabad. .. Respondent HON’BLE SRI JUSTICE G. BHAVANI PRASAD Company Application Nos.1952, 2070, 2071, 2072, 2073, 2074, 2075, 2076, 2077, 2079, 2080, 2081, 2082, 2083, 2084, 2085, 2086, 2087, 2088, 2089, 2090, 2099, 2100, 2101, 2102, 2103 and 2104 of 2009 ORDER: These 27 Company Applications are filed at the instance of workmen/dependent legal representatives of the deceased workmen respectively seeking an identical relief to permit the Official Liquidator to transfer the ownership and title of the respective residential quarters in their occupation on the same lines as directed in Company Application Nos.404 to 592 of 2009 on 27-04-2009. The applicants claimed that M/s. SIRSILK Limited was closed in 1985, was referred to the Board Industrial and Financial Reconstruction (BIFR) and was ordered ultimately to wind up in Company Petition No.57 of 1999 on 26-04-2001. The Official Liquidator was accordingly appointed as the Liquidator by this Court and similarly placed persons as the applicants filed Company Application No.140 of 2007 and batch in which this Court passed an order on 26-03-2009 dispensing with the normal method of disposing of the assets of the Company under liquidation by way of public auction and directing the respective residential quarters to be offered to the respective workmen at the rate fixed by the Valuer. The Official Liquidator was directed to treat the entire value as paid, if the balance money due to the workmen was more than the valuation of the quarters respectively and in case of any shortfall, the Official Liquidator shall receive the same from the workmen within the specified time. This Court again passed orders in Company Application Nos.404 to 592 of 2009 on 27-04- 2009 to a similar effect. The applicants claimed that their position is identical to the applicants in the earlier batches of applications and hence, sought for the relief. The Official Liquidator filed a common report stating that in C.A.No.882 of 2009 and batch also, this Court passed orders on 26-04-2010 similarly and the verification of details of the applications showed that 10 applicants as shown in Annexure-D will be entitled to receive further amounts even after adjusting the value of the respective quarters, while the 17 applicants shown in Annexure-E will have to pay balance amounts to the Official Liquidator after adjusting the amounts due to them. Heard Sri Koka Satyanarayana Rao, learned counsel for the applicants in all the cases and Sri M. Anil Kumar, learned counsel for the Official Liquidator. The fact that the applicants stand in the same footing on facts as the applicants in the earlier batches of cases viz., Company Application Nos.140 of 2007 and batch, Company Application Nos.404 of 2009 to 592 of 2009, Company Application Nos.889 of 2009 and batch and Company Application Nos.377 of 2010 to 436 of 2010, the last of the batches having been disposed of on 20-09-2010 is not in dispute. There is also no dispute regarding the need to pass an identical order in respect of the workmen categorized into two groups as persons to whom amounts are still due and persons, who are due some amounts. Accordingly, all the Company Applications are allowed. The Official Liquidator is permitted to transfer the ownership and title over the respective quarters under the occupation of the applicants in 27 Company Applications respectively for the value determined by the Chartered Valuer in his report. In case of the applicants/workmen/ dependent legal representatives of the workmen, whose dues repayable by the Official Liquidator are more than the value of the quarters under their occupation so fixed, the Official Liquidator shall have to deem that the entire value of the quarter under the occupation of the respective applicants has been duly and completely paid up, making appropriate adjustments in his books of accounts and effect the transfer. This procedure shall be applicable to the applicants in 10 cases covered by Annexure-D to the common affidavit of the Official Liquidator dated 24-09-2010. In respect of the applicants in the remaining cases, the applicants shall pay the balance of the value of the quarter as fixed above, to the Official Liquidator within sixty (60) days from today respectively and on such payment, the Official Liquidator shall transfer the ownership and title over the respective quarters to the respective applicants. This procedure shall be applicable in respect of the applicants in 17 Company Applications specified in Annexure-E of the common report of the Official Liquidator dated 24-09-2010. The Annexures-D and E of the common report of the Official Liquidator dated 24-09-2010 shall be annexed to this order. _____________________ G. BHAVANI PRASAD, J Date: 27-09-2010 Ksn